2. If an insurer includes any portion
of any annual fees or assessments that it is required to pay to the State of
Nevada in the amount billed to its insureds for the premium for insurance, the
insurer may provide with each notice of renewal sent to its insureds a
statement that a portion of the premium is attributable to the annual fees or
assessments that it is required to pay to the State of Nevada.

Sec.
2. NRS 680B.025 is hereby amended to read as follows:

680B.025For
the purposes of NRS 680B.025 to 680B.039, inclusive[:] , and section 1 of this act:

1. Total income derived from
direct premiums written:

(a) Does not include premiums
written or considerations received from life insurance policies or annuity
contracts issued in connection with the funding of a pension, annuity or
profit-sharing plan qualified or exempt pursuant to sections 401, 403, 404,
408, 457 or 501 of the United States Internal Revenue Code as renumbered from
time to time.

(b) Does not include payments
received by an insurer from the Secretary of Health and Human Services pursuant
to a contract entered into pursuant to section 1876 of the Social Security Act , [(]42 U.S.C. § 1395mm . [).]

(c) As to title insurance , consists of the total
amount charged by the company for the sale of policies of title insurance.

2. Money accepted by a life
insurer pursuant to an agreement which provides for an accumulation of money to
purchase annuities at future dates may be considered as total income derived
from direct premiums written either upon receipt or upon the actual
application of the money to the purchase of annuities, but any interest
credited to money accumulated while under the latter alternative must also be
included in total income derived from direct premiums written, and any money
taxed upon receipt, including any interest later credited thereto, is not
subject to taxation upon the purchase of annuities. Each life insurer shall
signify on its return covering premiums for the calendar year 1971 or for the
first calendar year it transacts business in this state, whichever is later,
its election between those two alternatives. Thereafter an insurer shall not
change his election without the consent of the commissioner. Any such money
taxed as total income derived from direct premiums written is, in the event
of withdrawal of the money before its actual application to the purchase of
annuities, eligible to be included as return premiums pursuant to the
provisions of NRS 680B.030.

Sec.
3. This act becomes effective on July 1, 2000.

________

κ1999
Statutes of Nevada, Page 818κ

CHAPTER 151, SB 159

Senate
Bill No. 159Committee on Finance

CHAPTER 151

AN ACT making an appropriation to restore the balance
in the emergency account; and providing other matters properly relating
thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. There is hereby appropriated from the state general fund to the
emergency account, created by NRS 353.263, the sum of $97,840 to restore the
balance in the account to approximately $400,000.

Sec.
2. This act becomes effective upon passage and approval.

________

CHAPTER 152, SB 250

Senate
Bill No. 250Committee on Finance

CHAPTER 152

AN ACT making an appropriation to the Budget Division
of the Department of Administration for reimbursement of the Legal Division of
the Legislative Counsel Bureau for the expenses involved in preparing bill
drafts requested by agencies of the executive branch; and providing other
matters properly relating thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. There is hereby appropriated from the state general fund to the Budget
Division of the Department of Administration for reimbursement of the Legal
Division of the Legislative Counsel Bureau the sum of $150,000 for the expenses
involved in preparing legislation requested by agencies of the executive
branch.

Sec.
2. Any remaining balance of the appropriation made by section 1 of this
act must not be committed for expenditure after June 30, 2001, and reverts to
the state general fund as soon as all payments of money committed have been
made.

Sec.
3. This act becomes effective upon passage and approval.

________

κ1999
Statutes of Nevada, Page 819κ

CHAPTER 153, SB 332

Senate Bill No. 332Senator Porter

CHAPTER 153

AN ACT relating to unemployment compensation; requiring
the administrator of the employment security division of the department of
employment, training and rehabilitation to order that benefits for unemployment
not be charged against the record for experience rating of an employer if the
employer provides, within a certain period, evidence satisfactory to the
administrator that the employee claiming the benefits left his employment
voluntarily without good cause or was discharged for misconduct connected with
his employment; and providing other matters properly relating thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 612.551 is hereby amended to read as follows:

612.5511.
Except as otherwise provided in subsections 2 and 3, [when] if the division [has
determined]
determines that a claimant has earned 75 percent or more of his
wages during his base period from one employer, it shall notify the employer of
its determination and advise him that he has a right to protest the charging of
benefits to his account pursuant to subsection 4 of NRS 612.550.

2. Benefits paid pursuant to
an elected base period in accordance with NRS 612.344 must not be charged against
the [employers] record for experience rating[.] of the employer.

3. If a claimant leaves an
employer to take other employment and leaves or is discharged by the latter
employer, benefits paid to him must not be charged against the record for experience
rating of the former employer.

4. If the employer provides
evidence within 10 working days after the notice required by subsection 1 was
mailed which satisfies the administrator that the claimant:

(a) Left his employment
voluntarily without good cause or was discharged for misconduct connected with
his employment[,
the administrator may order that the benefits not be charged against the
employers record for experience rating.] ; or

(b) Was the spouse of an
active member of the Armed Forces of the United States and left his employment
because his spouse was transferred to a different location,

the administrator shall order that
the benefits not be charged against the [employers]
record for experience rating[.] of the employer.

5. The employer may appeal
from the ruling of the administrator [as] relating to the cause of
the termination of the [claimants] employment of the claimant in the
same manner as appeals may be taken from determinations relating to claims for
benefits.

6. [No] A determination made
pursuant to this section [constitutes] does not constitute a basis for disqualifying
a claimant to receive benefits.

________

κ1999
Statutes of Nevada, Page 820κ

CHAPTER 154, SB 351

Senate
Bill No. 351Senator Townsend

CHAPTER 154

AN ACT relating to short-term lessors of passenger
cars; authorizing the commissioner of insurance to issue a limited agents
license to a short-term lessor of passenger cars who conducts certain limited
insurance activities; providing an exemption from examination for applicants
for such limited licenses; authorizing employees of such a short-term lessor to
conduct without a license certain limited insurance activities within the scope
of the limited license held by the short-term lessor; and providing other
matters properly relating thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 683A of NRS is hereby amended by adding thereto a new
section to read as follows:

If a short-term lessor of passenger
vehicles licensed pursuant to NRS 482.363 holds a limited agents license
issued pursuant to NRS 683A.260, an employee of the short-term lessor may
engage in the solicitation and sale of insurance requested by a lessee pursuant
to NRS 482.3158 without a license issued pursuant to this chapter, if the
solicitation and sale of such insurance is done on behalf of, and under the supervision
of, the short-term lessor.

Sec.
2. NRS 683A.100 is hereby amended to read as follows:

683A.100In addition to persons excluded by the terms thereof, the
definitions of an agent, broker, solicitor or managing general agent [shall
not be deemed to]do not include any of the following:

1.
Salaried employees rendering solely clerical and administrative services in
the office of the employer.

2.
Salaried administrative and clerical employees of agents and brokers
performing any functions in the office and under the supervision of the employer
and receiving no commissions.

3.
Salaried employees of insurers, or of organizations employed by insurers,
engaged in inspecting, rating or classifying risks, or in general supervision
of agents, and not in the solicitation or writing of insurance.

4.
Officers of insurers or of an association of insurers engaged in the
performance of their usual and customary executive duties, exclusive of field
solicitation of insurance other than rendering assistance to or on behalf of a
licensed agent but receiving no commission or other compensation directly
dependent upon the amount of business transacted.

(a)
Such persons receive no commissions directly or indirectly on such insurance;
and

(b)
Such persons or their employers have an insurable interest in the risk
evidenced by the certificate or declaration.

6.
Persons who secure and furnish information for the purposes of group life
insurance, group or blanket health insurance or annuity coverages, or for enrolling individuals under such plans or issuing certificates
thereunder or otherwise assisting in administering such plans where no commission
is paid for such services.

enrolling
individuals under such plans or issuing certificates thereunder or otherwise
assisting in administering such plans where no commission is paid for such
services.

7.
Service representatives.

8. Employees of a short-term lessor
of passenger vehicles who engage solely in the solicitation and sale of
insurance requested by a lessee pursuant to NRS 482.3158 in accordance with
section 1 of this act.

Sec.
3. NRS 683A.180 is hereby amended to read as follows:

683A.180Except
as otherwise provided
in subsection 3 of NRS 683A.270 [(continuation, expiration of license),] , the provisions of NRS
683A.170 [does]do not apply to and no such examination is
required of:

1. Applicants with respect to
life and health [or] insurance, life insurance or health insurance who hold the
designation of chartered life underwriter (C.L.U.). Applicants must show such
proof of holding the designation as may be required by the commissioner.

2. Applicants with respect to
property, casualty and surety insurance ,[(]or any combination
thereof , [)]
who hold the designation of chartered property and casualty underwriter
(C.P.C.U.). Applicants must show such proof of holding the designation as may
be required by the commissioner.

3. Any applicant for a
license which would cover the same kind or kinds of insurance as those for
which he was licensed under a similar license in this state, other than a
temporary license, within 6 months next preceding the date of application,
unless the previous license was revoked, suspended or continuation thereof
refused by the commissioner.

4. Any applicant for an agents
license who [is] :

(a) Is currently licensed as a resident
broker or solicitor for the same kind or kinds of insurance, or has been so
licensed within 6 months next preceding the date of the application unless the
previous license was revoked, suspended or continuation thereof refused by the
commissioner[,
and if] ; and

(b) If the applicant is currently licensed as
a solicitor, has had at least 1 year of experience under his solicitors
license satisfactory to the commissioner.

5. Any applicant for a
brokers license who has been licensed as a resident agent or solicitor in this
state for the same kinds of insurance within 1 year preceding the date of the
application, unless the previous license was revoked, suspended or continuation
thereof refused by the commissioner
, [;] and if [an] the applicant has been licensed as:

(a) A resident agent , the applicant has had at least 1 year[, and if a] of experience under his agents license
satisfactory to the commissioner; and

(b) A solicitor , the applicant has had at least 2 years[,]
of experience under his [agents or] solicitors license[, as the case may be,]
satisfactory to the commissioner.

6. Any applicant for a
solicitors license who has been licensed as a resident agent, broker or
solicitor in this state for the same kinds of insurance within 6 months next
preceding the date of the application, unless the previous license was revoked,
suspended or continuation thereof refused by the commissioner.

7. Applicants with respect to
variable annuities who are, or within the next preceding 6 months have been,
licensed or registered as securities broker-dealers under laws administered by
the Securities and Exchange Commission or any successor agency of the Federal
Government.

10. An applicant who is a short-term lessor of
passenger cars licensed pursuant to NRS 482.363 whose insurance activities are
limited to the solicitation and sale of insurance requested by a lessee
pursuant to NRS 482.3158, where the insurance is offered within an agreement to
lease a vehicle as optional insurance which is in effect only during the term
of the lease of the vehicle.

Sec.
4. NRS 683A.260 is hereby amended to read as follows:

683A.2601.
The commissioner may issue a limited agents license to an applicant qualified
under this chapter:

(a) Who represents public
carriers and in the course of his representation solicits or sells insurance
incidentally to the transportation of persons or to the storage or
transportation of property; [or]

(b) Whose insurance activities
are limited to the solicitation and sale of:

(1) Credit insurance, as
defined in NRS 690A.015, and credit property and casualty insurance; or

(2) Fixed annuities[.] ; or

(c) Who is a short-term lessor of passenger cars
licensed pursuant to NRS 482.363 whose insurance activities are limited to the
solicitation and sale of insurance requested by a lessee pursuant to NRS
482.3158, where the insurance is offered within an agreement to lease a vehicle
as optional insurance which is in effect only during the term of the lease of
the vehicle.

2. [The] Except as otherwise provided in NRS
683A.180, the commissioner may adopt regulations which require
the applicant to pass an appropriate examination before the issuance of a
license pursuant to this section.

3.
Except for a bank or a bank holding company, or a parent, subsidiary or
affiliate of a bank that may be licensed to sell fixed and variable annuities,
and credit insurance as defined in NRS 690A.015, a person to whom a license is
issued pursuant to this section may not concurrently hold any other license
authorized by this chapter.

________

κ1999
Statutes of Nevada, Page 823κ

CHAPTER 155, SB 398

Senate
Bill No. 398Committee on Finance

CHAPTER 155

AN ACT relating to child support; creating a fund for
the disbursement of payments for child support collected by the welfare
division of the department of human resources; and providing other matters
properly relating thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 422.245 is hereby amended to read as follows:

422.245Any
federal money allotted to the State of Nevada for public assistance programs
and other programs for which the welfare division is responsible and such other
money as may be received by the state for such purposes must , except as otherwise provided in
section 2 of this act, be deposited in the appropriate accounts
of the welfare division in the state general fund.

Sec.
2. Chapter 425 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. The state child support disbursement
fund is hereby created as an agency fund, to be administered by the chief. All
money collected or otherwise received by the enforcing authority to carry out
the provisions of 42 U.S.C. § 654b must be deposited in the fund. The fund is a
continuing fund without reversion. Any interest and income earned on the money
in the fund must, after deducting any applicable charges, be credited to the
fund.

2. If a check which is accepted for
deposit in the fund is dishonored upon presentation for payment:

3. The money in the fund must be
used to carry out the provisions of 42 U.S.C. § 654b.

Sec.
3. NRS 425.420 is hereby amended to read as follows:

425.420[All] Except as otherwise required to carry
out the provisions of 42 U.S.C. § 654b, all money collected in
fees, costs, attorneys fees, interest payments, incentive payments or other
payments received by the administrator which cannot be identified as to the
support account to which it should be credited, [shall] must be deposited in the
state general fund.

Sec.
4. 1. This section and sections 2 and 3 of this act become effective on
July 1, 1999.

2.
Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1999.

________

κ1999
Statutes of Nevada, Page 824κ

CHAPTER 156, SB 418

Senate
Bill No. 418Senators Titus, Wiener and Care

CHAPTER 156

AN ACT relating to governmental administration;
providing a civil penalty for the submission of a false claim to the state or
to a local government; and providing other matters properly relating thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Title 31 of NRS is hereby amended by adding thereto a new
chapter to consist of the provisions set forth as sections 2 to 30, inclusive,
of this act.

Sec.
2. As used in this chapter,
unless the context otherwise requires, the words and terms defined in sections
3, 4 and 5 of this act have the meanings ascribed to them in those sections.

Sec.
3. Claim means a request or
demand for money, property or services made to:

1. An officer, employee or agent of
this state or of a political subdivision of this state; or

2. A contractor, grantee or other
recipient of money from the state or a political subdivision of this state if
any part of the money, property or services requested or demanded was provided
by the state or political subdivision.

Sec.
4. Political subdivision
means a county, city, assessment district or any other local government as
defined in NRS 354.474.

Sec.
5. (Deleted by amendment.)

Sec.
6. 1. Except as otherwise
provided in section 7 of this act, a person who, with or without specific
intent to defraud, does any of the following listed acts is liable to the state
or a political subdivision, whichever is affected, for three times the amount
of damages sustained by the state or political subdivision because of the act
of that person, for the costs of a civil action brought to recover those
damages and for a civil penalty of not less than $2,000 or more than $10,000
for each act:

(a) Knowingly presents or causes to be
presented a false claim for payment or approval.

(b) Knowingly makes or uses, or causes
to be made or used, a false record or statement to obtain payment or approval
of a false claim.

(c) Conspires to defraud by obtaining
allowance or payment of a false claim.

(d) Has possession, custody or
control of public property or money and knowingly delivers or causes to be
delivered to the state or a political subdivision less money or property than
the amount for which he receives a receipt.

(e) Is authorized to prepare or deliver
a receipt for money or property to be used by the state or a political
subdivision and knowingly prepares or delivers a receipt that falsely
represents the money or property.

(f) Knowingly buys, or receives as
security for an obligation, public property from a person who is not authorized
to sell or pledge the property.

(g) Knowingly makes or uses, or causes
to be made or used, a false record or statement to conceal, avoid or decrease
an obligation to pay or transmit money or property to the state or a political
subdivision.

(h) Is a beneficiary of an inadvertent
submission of a false claim and, after discovering the falsity of the claim,
fails to disclose the falsity to the state or political subdivision within a
reasonable time.

2. As used in this section, a
person acts knowingly with respect to information if he:

(a) Has knowledge of the
information;

(b) Acts in deliberate ignorance of
whether the information is true or false; or

(c) Acts in reckless disregard of
the truth or falsity of the information.

Sec.
7. In a civil action pursuant
to this chapter, the court may give judgment for not less than twice or more
than three times the amount of damages sustained, and no civil penalty, if it
finds that:

1. The person against who the judgment
is entered:

(a) Furnished all information known
to him concerning the act, within 30 days after becoming aware of the
information, to the attorney general; and

(b) Fully cooperated with any
investigation of the act by the state or political subdivision; and

2. At the time the information was
furnished, no criminal prosecution or civil or administrative proceeding had
commenced with respect to the act and the person had no knowledge of the
existence of any investigation with respect to the act.

Sec.
8. Liability pursuant to this
chapter is joint and several for an act done by two or more persons.

Sec.
9. The attorney general may
investigate any alleged liability pursuant to this chapter and may bring a
civil action pursuant to this chapter against the person liable.

Sec.
10. (Deleted by amendment.)

Sec.
11. 1. Except as otherwise
provided in sections 26 and 27 of this act, a private plaintiff may maintain an
action pursuant to this chapter on his own account and that of the state if
money, property or services provided by the state are involved, or on his own
account and that of a political subdivision if money, property or services
provided by the political subdivision are involved, or on his own account and
that of both the state and a political subdivision if both are involved. After
such an action is commenced, it may be dismissed only with leave of the court,
taking into account the public purposes of this chapter and the best interests
of the parties.

2. A complaint filed pursuant to this
section must be placed under seal and so remain until the attorney general has
elected whether to intervene. No service may be made upon the defendant until
the complaint is unsealed.

3. On the date the private plaintiff
files his complaint, he shall send a copy of the complaint to the attorney
general by mail with return receipt requested. He shall send with each copy of
the complaint a written disclosure of substantially all material evidence and
information he possesses.

Sec.
12. 1. Within 120 days after
receiving a complaint and disclosure, the attorney general may intervene and
proceed with the action or he may, for good cause shown, move the court to
extend the time for his election whether to proceed. The motion may be
supported by affidavits or other submissions in chambers.

2. If the attorney general elects to
intervene, the complaint must be unsealed. If the attorney general elects not
to intervene, the private plaintiff may proceed and the complaint must be
unsealed.

Secs.
13 and 14. (Deleted by amendment.)

Sec.
15. 1. If the attorney
general intervenes, the private plaintiff remains a party to an action pursuant
to section 11 of this act.

2. The attorney general may move to
dismiss the action for good cause. The private plaintiff must be notified of
the filing of the motion and is entitled to oppose it and present evidence at
the hearing.

3. Except as otherwise provided in this
subsection, the attorney general may settle the action. If the attorney general
intends to settle the action, he shall notify the private plaintiff of that
fact. Upon the request of the private plaintiff, the court shall determine
whether settlement of the action is consistent with the public purposes of this
chapter and shall not approve the settlement of the action unless it determines
that such settlement is consistent with the public purposes of this chapter.

Sec.
16. 1. The defendant is
entitled to 30 days in which to respond after a complaint filed pursuant to
section 11 of this act is unsealed and served upon him.

2. If a private plaintiff brings an
action pursuant to this chapter, no other person may bring another action
pursuant to this chapter based on the same facts.

3. An action may not be maintained by a
private plaintiff pursuant to this chapter:

(a) Against a member of the
legislature or the judiciary, an elected officer of the executive department of
the state government, or a member of the governing body of a political
subdivision, if the action is based upon evidence or information known to the
state or political subdivision at the time the action was brought.

(b) If the action is based upon allegations
or transactions that are the subject of a civil action or an administrative
proceeding for a monetary penalty to which the state or political subdivision
is already a party.

Sec.
17. 1. If the attorney
general elects not to intervene in an action pursuant to section 11 of this
act, the private plaintiff has the same rights in conducting the action as the
attorney general would have had. A copy of each pleading or other paper filed
in the action, and a copy of the transcript of each deposition taken, must be
mailed to the attorney general if the attorney general so requests and pays the
cost thereof.

2. Upon timely application, the
attorney general may intervene in an action in which he has previously declined
to intervene, if the interest of the state or a political subdivision in
recovery of the money or property involved is not being adequately represented
by the private plaintiff.

3. If the attorney general so
intervenes, the private plaintiff retains primary responsibility for conducting
the action and any recovery must be apportioned as if the attorney general had
not intervened.

Sec.
18. As used in sections 19 to
22, inclusive, of this act, recovery includes civil penalties and does not
include any allowance of expenses or attorneys fees.

Sec.
19. If the attorney general
initiates an action pursuant to this chapter, 33 percent of any recovery must
be paid into the state general fund to the credit of a special account, for use
by the attorney general as appropriated or authorized by the legislature in the
investigation and prosecution of false claims.

Sec.
20. 1. If the attorney
general intervenes at the outset in an action pursuant to section 11 of this
act, the private plaintiff is entitled, except as otherwise provided in section
21 of this act, to receive not less than 15 percent or more than 33 percent of
any recovery, according to the extent of his contribution to the conduct of the
action.

2. If the attorney general does not
intervene in the action at the outset, the private plaintiff is entitled,
except as otherwise provided in section 21 of this act, to receive not less
than 25 percent or more than 50 percent of any recovery, as the court determines
to be reasonable.

Sec.
21. 1. If the action is one
described in section 26 of this act, the present or former employee of the
state or political subdivision is not entitled to any minimum percentage of any
recovery, but the court may award him no more than 33 percent of the recovery
if the attorney general intervenes in the action at the outset, or no more than
50 percent if the attorney general does not intervene, according to the
significance of his information, the extent of his contribution to the conduct
of the action and the response to his efforts to report the false claim and
gain recovery through other official channels.

2. If the private plaintiff is a
present or former employee of the state or a political subdivision and
benefited financially from the fraudulent activity, he is not entitled to any
minimum percentage of any recovery, but the court may award him no more than 33
percent of the recovery if the attorney general intervenes in the action at the
outset, or no more than 50 percent if the attorney general does not intervene,
according to the significance of his information, the extent of his
contribution to the conduct of the action, the extent of his involvement in the
fraudulent activity, his attempts to avoid or resist the activity and the other
circumstances of the activity.

Sec.
22. The portion of any
recovery not apportioned pursuant to sections 19, 20 and 21 of this act must be
paid into the state general fund if the money, property or services were
provided only by the state, or into the general fund of the political subdivision
if they were provided only by a political subdivision. If the action involved
both the state and a political subdivision, the court shall apportion the
remaining portion of any recovery between
them according to the respective values of the money, property or services
provided by each.

recovery between them according to the
respective values of the money, property or services provided by each.

Sec.
23. 1. If the attorney
general or a private plaintiff prevails in or settles an action pursuant to
section 11 of this act, the private plaintiff is entitled to a reasonable
amount for expenses that the court finds were necessarily incurred, including
reasonable costs, attorneys fees and the fees of expert consultants and expert
witnesses. Those expenses must be awarded against the defendant, and may not be
allowed against the state or a political subdivision.

2. If the defendant prevails in the
action, the court may award him reasonable expenses and attorneys fees against
the party or parties who participated in the action if it finds that the action
was clearly frivolous or vexatious or brought solely for harassment.

Sec.
24. 1. The court may stay
discovery by a private plaintiff for not more than 60 days if the attorney
general shows that the proposed discovery would interfere with the
investigation or prosecution of a civil or criminal matter arising out of the
same facts, whether or not the attorney general participates in the action.

2. The court may extend the stay upon a
further showing that the attorney general has pursued the civil or criminal
investigation or proceeding with reasonable diligence and the proposed
discovery would interfere with its continuation. Discovery may not be stayed
for a total of more than 6 months over the objection of the private plaintiff,
except for good cause shown by the attorney general.

3. A showing made pursuant to this
section must be made in chambers.

Sec.
25. Upon a showing by the
attorney general that unrestricted participation by a private plaintiff would
interfere with or unduly delay the conduct of an action, or would be
repetitious, irrelevant or solely for harassment, the court may limit his
participation by, among other measures, limiting:

1. The number of witnesses he may call;

2. The length of the testimony of the
witnesses; or

3. His cross-examination of witnesses.

Sec.
26. No action may be
maintained pursuant to section 11 of this act that is based upon information
discovered by a present or former employee of the state or a political
subdivision during his employment, unless he first in good faith exhausted
internal procedures for reporting and seeking recovery of the proceeds of the
fraudulent activity through official channels and the state or political
subdivision failed to act on the information provided for at least 6 months.

Sec.
27. 1. No action may be
maintained pursuant to this chapter that is based upon the public disclosure of
allegations or transactions in a criminal, civil or administrative hearing, in
an investigation, report, hearing or audit conducted by or at the request of a
house of the legislature, an auditor or the governing body of a political
subdivision, or from the news media, unless the action is brought by the
attorney general or an original source of the information.

(a) Who has direct and independent
knowledge of the information on which the allegations were based;

(b) Who voluntarily provided the
information to the state or political subdivision before bringing an action
based on the information; and

(c) Whose information provided the basis
or caused the making of the investigation, hearing, audit or report that led to
the public disclosure.

Sec.
28. 1. An employer shall not
adopt or enforce any rule or policy forbidding an employee to disclose
information to the state, a political subdivision or a law enforcement agency
or to act in furtherance of an action pursuant to this chapter, including
investigation for, bringing or testifying in such an action.

2. An employer shall not discharge,
demote, suspend, threaten, harass, deny promotion to or otherwise discriminate
against an employee in the terms or conditions of his employment because of
lawful acts done by him on his own behalf or on behalf of others in disclosing
information to the state, a political subdivision or a law enforcement agency
in furtherance of an action pursuant to this chapter, including investigation
for, bringing or testifying in such an action.

Sec.
29. 1. An employer who
violates subsection 2 of section 28 of this act is liable to the affected
employee in a civil action for all relief necessary to make him whole,
including, without limitation, reinstatement with the same seniority as if the
discrimination had not occurred or damages in lieu of reinstatement if
appropriate, twice the amount of lost compensation, interest on the lost
compensation, any special damage sustained as a result of the discrimination
and punitive damages if appropriate. The employer is also liable for expenses
recoverable pursuant to section 23 of this act, costs and attorneys fees.

2. An employee is entitled to the
remedies provided in subsection 1 only if:

(a) He voluntarily disclosed information
to the state or a political subdivision or voluntarily acted in furtherance of
an action pursuant to this chapter; and

(b) He was harassed, threatened with
termination or demotion, or otherwise coerced by his employer into any
participation in fraudulent activity.

Sec.
30. 1. An action pursuant to
this chapter may not be commenced more than 3 years after the date of discovery
of the fraudulent activity by the attorney general or more than 5 years after
the fraudulent activity occurred, whichever is earlier. Within those limits, an
action may be based upon fraudulent activity that occurred before October 1,
1999.

2. In an action pursuant to this
chapter, the standard of proof is a preponderance of the evidence. A finding of
guilt in a criminal proceeding charging false statement or fraud, whether upon
a verdict of guilty or a plea of guilty or nolo contendere, estops the person
found guilty from denying an essential element of that offense in an action
pursuant to this chapter based upon the same transaction as the criminal
proceeding.

AN ACT relating to children; providing for protective
custody for children upon the death of a parent that is or may be a result of
domestic violence; and providing other matters properly relating thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 432B.330 is hereby amended to read as follows:

432B.3301.
A child is in need of protection if:

(a) He has been abandoned by a
person responsible for his welfare;

(b) He is suffering from
congenital drug addiction or the fetal alcohol syndrome, because of the faults
or habits of a person responsible for his welfare;

(c) He has been subjected to
abuse or neglect by a person responsible for his welfare;

(d) He is in the care of a
person responsible for his welfare and another child has died as a result of
abuse or neglect by that person; or

(e) He has been placed for
care or adoption in violation of law.

2. A child may be in need of
protection if the person responsible for his welfare:

(a) Is unable to discharge his
responsibilities to and for the child because of incarceration, hospitalization
or other physical or mental incapacity;

(b) Fails, although he is
financially able to do so or has been offered financial or other means to do
so, to provide for the following needs of the child:

(1) Food, clothing or
shelter necessary for the childs health or safety;

(2) Education as required
by law; or

(3) Adequate medical
care; or

(c) Has been responsible for
the abuse or neglect of a child who has resided with that person.

3. A child may be in need of protection if the death of
a parent of the child is or may be the result of an act by the other parent
that constitutes domestic violence pursuant to NRS 33.018.

Sec.
2. NRS 432B.390 is hereby amended to read as follows:

432B.3901.
An agent or officer of a law enforcement agency, an officer of the local
juvenile probation department or the local department of juvenile services or a
designee of an agency which provides protective services [may] :

(a) May place a child in protective custody
without the consent of the person responsible for the childs welfare if he has
reasonable cause to believe that immediate action is necessary to protect the
child from injury, abuse or neglect.

(b) Shall place a child in protective custody upon the death
of a parent of the child, without the consent of the person responsible for the
welfare of the child, if the agent, officer
or designee has reasonable cause to believe that the death of the parent of the
child is or may be the result of an act by the other parent that constitutes
domestic violence pursuant to NRS 33.018.

of the child, if the agent, officer or designee has
reasonable cause to believe that the death of the parent of the child is or may
be the result of an act by the other parent that constitutes domestic violence
pursuant to NRS 33.018.

2. If there is reasonable cause to believe that the
death of a parent of the child is or may be the result of an act by the other
parent that constitutes domestic violence pursuant to NRS 33.018, a protective
custody hearing must be held pursuant to NRS 432B.470, whether the child was
placed in protective custody or with a relative. If an agency other than an
agency which provides protective services becomes aware that there is
reasonable cause to believe that the death of a parent of the child is or may
be the result of an act by the other parent that constitutes domestic violence
pursuant to NRS 33.018, that agency shall immediately notify the agency which
provides protective services and a protective custody hearing must be
scheduled.

3. An agency which provides protective
services shall request the assistance of a law enforcement agency in the
removal of the child if it has reasonable cause to believe that the child or
the person placing the child in protective custody may be threatened with harm.

[2.] 4. Before taking a child
for placement in protective custody, the person taking the child shall show his
identification to any person who is responsible for the child and is present at
the time the child is taken. If a person who is responsible for the child is
not present at the time the child is taken, the person taking the child shall
show his identification to any other person upon request. The identification
required by this subsection must be a single card that contains a photograph of
the person taking the child and identifies him as a person authorized pursuant
to subsection 1 to place a child in protective custody.

[3.] 5. A child placed in
protective custody pending an investigation and a hearing held pursuant to NRS
432B.470 must be placed in a hospital, if the child needs hospitalization, or
in a shelter, which may include a foster home or other home or facility which
provides care for those children, but the child must not be placed in a jail or
other place for detention, incarceration or residential care of persons
convicted of a crime or children charged with delinquent acts.

[4.] 6. A person placing a
child in protective custody shall:

(a) Immediately take steps to
protect all other children remaining in the home or facility, if necessary;

(b) Immediately make a
reasonable effort to inform the person responsible for the childs welfare that
the child has been placed in protective custody;

(c) Give preference in
placement of the child to any person related within the third degree of
consanguinity to the child who is suitable and able to provide proper care and
guidance for the child, regardless of whether the relative resides within this
state; and

(d) As soon as practicable,
inform the agency which provides protective services and the appropriate law
enforcement agency.

[5.] 7. If a child is placed
with any person who resides outside this state, the placement must be in
accordance with NRS 127.330.

(a) [Shall,] In cases where the death of a parent of
the child is or may be the result of an act by the other parent that
constitutes domestic violence pursuant to NRS 33.018, shall within 10 days
after the hearing on protective custody initiate a proceeding in court by
filing a petition which meets the requirements set forth in NRS 432B.510;

(b) In other cases where a hearing on protective custody
is held, shall within 10 days after the hearing on protective
custody, unless good cause exists, initiate a proceeding in court by filing a
petition which meets the requirements set forth in NRS 432B.510 or recommend
against any further action in court; or

[(b)](c) If a child is not
placed in protective custody, may, after an investigation is made under NRS
432B.010 to 432B.400, inclusive, file a petition which meets the requirements
set forth in NRS 432B.510.

2. If the agency recommends
against further action, the court may, on its own motion, initiate proceedings
when it finds that it is in the best interests of the child.

3. If a child has been placed
in protective custody and if further action in court is taken, an agency which
provides protective services shall make recommendations to the court concerning
whether the child should be returned to the person responsible for his welfare
pending further action in court.

Sec.
4. This act becomes effective on July 1, 1999.

________

CHAPTER 158, SB 433

Senate
Bill No. 433Senator Porter

CHAPTER 158

AN ACT relating to local government finance; requiring
each local government to prepare a capital improvement plan; authorizing local
governments to enter into contracts for the construction or completion of
certain public works before the issuance of bonds or medium-term obligations
under certain circumstances; authorizing counties to acquire securities issued
by municipalities within those counties that are issued for infrastructure
projects under certain circumstances; and providing other matters properly
relating thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 354 of NRS is hereby amended by adding thereto a new
section to read as follows:

1. On or before July 1 of each year,
each local government shall prepare, on a form prescribed by the department of
taxation for use by local governments, a capital improvement plan for the
ensuing 5 fiscal years.

2. Each local government must submit
a copy of the capital improvement plan of the local government to the:

(b) Debt management commission of
the county in which the local government is located.

3. Each local government must file
a copy of the capital improvement plan of the local government for public
record and inspection by the public in the offices of:

(a) The clerk or secretary of the
governing body; and

(b) The county clerk.

4. The total amount of the
expenditures contained in the capital improvement plan of the local government
for the next ensuing fiscal year must equal the total amount of expenditures
for capital outlay set forth in the final budget of the local government for
each fund listed in that budget.

Sec.
2. NRS 354.470 is hereby amended to read as follows:

354.470NRS
354.470 to 354.626, inclusive, and
section 1 of this act may be cited as the Local Government Budget
Act.

Sec.
3. NRS 354.59801 is hereby amended to read as follows:

354.59801Each
local government shall file in the office of the clerk or secretary of its
governing body, for public record and inspection:

1. A copy of its final
budget;

2. A copy of its final plan
for capital improvements[;] prepared pursuant to section 1 of this
act and, if applicable, NRS 350.0035; and

3. A report of its proposed
expenditures for the following fiscal year, written in the same detail as its
chart of accounts. The total amount of these expenditures must equal the total
amount of expenditures contained in its final budget for each department and
fund listed in that budget.

Sec.
4. NRS 354.626 is hereby amended to read as follows:

354.6261.
No governing body or member thereof, officer, office, department or agency
may, during any fiscal year, expend or contract to expend any money or incur
any liability, or enter into any contract which by its terms involves the
expenditure of money, in excess of the amounts appropriated for that function,
other than bond repayments, medium-term obligation repayments, and any other
long-term contract expressly authorized by law. Any officer or employee of a
local government who willfully violates NRS 354.470 to 354.626, inclusive, is
guilty of a misdemeanor, and upon conviction thereof ceases to hold his office
or employment. Prosecution for any violation of this section may be conducted
by the attorney general, or, in the case of incorporated cities, school
districts or special districts, by the district attorney.

2. Without limiting the
generality of the exceptions contained in subsection 1, the provisions of this
section specifically do not apply to:

(a) Purchase of comprehensive
general liability policies of insurance which require an audit at the end of
the term thereof.

(c) Long-term contracts in
connection with planning and zoning as authorized by NRS 278.010 to 278.630,
inclusive.

(d) Long-term contracts for
the purchase of utility service such as, but not limited to, heat, light,
sewerage, power, water and telephone service.

(e) Contracts between a local
government and an employee covering professional services to be performed
within 24 months following the date of such contract or
contracts entered into between local government employers and employee
organizations.

such contract or contracts entered
into between local government employers and employee organizations.

(f) Contracts between a local
government and any person for the construction or completion of public works,
money for which has been or will
be provided by the proceeds of a sale of bonds or medium-term
obligations[.]and that are entered into by the
local government after:

(1) Any election required for the approval of the
bonds has been held;

(2) Any approvals by any other governmental entity
required to be obtained before the bonds or medium-term obligations can be
issued have been obtained; and

(3) The ordinance or resolution that specifies each
of the terms of the bonds or medium-term obligations, except those terms that
are set forth in paragraphs (a) to (e), inclusive, of subsection 2 of NRS
350.165, has been adopted.

Neither the fund balance of a governmental
fund nor the equity balance in any proprietary fund may be used unless
appropriated in a manner provided by law.

(g) Contracts which are
entered into by a local government and delivered to any person solely for the
purpose of acquiring supplies and equipment necessarily ordered in the current
fiscal year for use in an ensuing fiscal year, and which, under the method of accounting
adopted by the local government, will be charged against an appropriation of a
subsequent fiscal year. Purchase orders evidencing such contracts are public
records available for inspection by any person on demand.

(h) Long-term contracts for the
furnishing of television or FM radio broadcast translator signals as authorized
by NRS 269.127.

(i) The receipt and proper
expenditure of money received pursuant to a grant awarded by an agency of the
Federal Government.

(j) The incurrence of
obligations beyond the current fiscal year under a lease or contract for
installment purchase which contains a provision that the obligation incurred
thereby is extinguished by the failure of the governing body to appropriate
money for the ensuing fiscal year for the payment of the amounts then due.

Sec.
5. Chapter 244A of NRS is hereby amended by adding thereto the provisions
set forth as sections 6 to 11, inclusive, of this act.

Sec.
6. Infrastructure project
means:

1. A capital improvement for fire
protection, a library, a building, a park or police protection that a
municipality is authorized to improve, acquire or equip pursuant to a law other
than the County Bond Law; or

2. For a water authority or any
municipality whose governing body is composed of only the members of the board,
a capital improvement for a water system or a sanitary sewer that the
municipality is authorized to improve, acquire or equip pursuant to a law other
than the County Bond Law.

Sec.
7. Lending project means
the acquisition of municipal securities issued by a municipality located wholly
or partially within the county acquiring the municipal securities for one or
more infrastructure projects or for the refunding of municipal securities
previously acquired as part of a lending
project by a county for one or more infrastructure projects or any combination
thereof.

part of a lending project by a county
for one or more infrastructure projects or any combination thereof.

Sec.
8. Municipal securities
means notes, warrants, interim debentures, bonds and temporary bonds issued by
a municipality pursuant to a law other than the County Bond Law which are:

1. General obligations payable from
ad valorem taxes that are approved by the voters of the municipality issued for
a capital improvement of a library or park;

2. General obligations payable from
ad valorem taxes that are approved by the voters of the municipality or are
approved pursuant to subsection 3 of NRS 350.020 issued for a capital
improvement of an infrastructure project other than a library or park; or

3. Revenue obligations of a water
authority that are payable from revenues of:

(a) The water system of the water
authority;

(b) One or more of the
municipalities that are members of the water authority; or

(c) Any combination of the entities
described in paragraphs (a) and (b).

Sec.
9. Municipality means any
city, town, school district, library district, consolidated library district,
fire protection district, district for a fire department, park district,
general improvement district organized pursuant to chapter 318 of NRS, water
district organized pursuant to a special act or water authority organized as a
political subdivision created by cooperative agreement whose members include at
least the two largest municipal retail water purveyors in the county.

Sec.
10. Revenues of a lending
project means any money, except the proceeds of taxes levied by the county,
received by the county pursuant to any lending project, including, without
limitation:

1. Money derived from any source of
revenue connected with a lending project, including, without limitation,
payments by a municipality of the principal, interest or redemption premium of
any municipal security, and any other income derived from the operation or
administration of a lending project or the sale or other disposal of municipal
securities or other assets acquired in connection with a lending project;

2. Loans, grants or contributions
to the county from the Federal Government for the payment of the principal,
interest and redemption premiums of county securities;

3. Fees or charges paid by a
municipality in connection with a lending project; and

4. Money derived from the
investment and reinvestment of the money described in subsections 1, 2 or 3.

4. Acquire and hold municipal
securities and execute the rights of the holder of those municipal securities.

5. Sell or otherwise dispose of
municipal securities unless the county is limited by any agreement that is
related to those securities.

6. Refund any county general
obligations issued for a lending project if the county and the municipality
agree to the disposition of any savings resulting from the refunding.

7. Require payment by a
municipality that participates in a lending project of the fees and expenses of
the county in connection with the lending project.

8. Secure the payment of county
general obligations issued for a lending project with a pledge of revenues of
the lending project. If the revenues of a lending project are formally pledged
to the county bonds issued to finance a lending project, the board may treat
the revenues of the lending project financed by an issue of county general
obligation bonds as pledged revenues pursuant to subsection 3 of NRS 350.020.

Sec.
12. NRS 244A.011 is hereby amended to read as follows:

244A.011NRS
244A.011 to 244A.065, inclusive, and
sections 6 to 11, inclusive, of this act shall be known as the
County Bond Law.

Sec.
13. NRS 244A.013 is hereby amended to read as follows:

244A.013Except
where the context otherwise requires, the definitions in NRS 244A.015 to
244A.056, inclusive, and sections
6 to 10, inclusive, of this act govern the construction hereof.

Sec.
14. NRS 244A.057 is hereby amended to read as follows:

244A.057Any
board, upon behalf of the county and in its name, may acquire, improve, equip,
operate and maintain, within the county:

1. A building project;

2. A drainage and flood
control project;

3. A lending project if the county has adopted an ordinance pursuant
to subsection 3 of section 11 of this act;

4. An offstreet parking project;

[4.] 5. An overpass project;

[5.] 6. A park project;

[6.] 7. A sewerage project;

[7.] 8. A street project;

[8.] 9. An underpass project;
and

[9.] 10. A water project.

Sec.
15. NRS 244A.059 is hereby amended to read as follows:

244A.0591.
Subject to the provisions of chapter 350 of NRS, any board, upon behalf of the
county and in its name, may issue the countys general obligation bonds to
acquire, improve and equip , [(]or any combination
thereof , [),]
any project herein authorized, or any part thereof, and thereby to defray the
cost of the project wholly or in part.

2. A county shall not become
indebted by the issuance of bonds or other securities constituting an
indebtedness, whether the bonds are issued hereunder or under a special or
local law, to an amount in the aggregate, including existing indebtedness of
the county, but excluding any outstanding revenue bonds, any outstanding
special assessment bonds, or any other outstanding special obligation
securities, any short-term securities issued in anticipation
of and payable from general [(] ad valorem [)] taxes levied for the current
fiscal year, any general obligation indebtedness of the county issued to pay
the cost of any lending project, and any indebtedness not evidenced by notes,
bonds or other securities, exceeding 10 percent of the total last assessed
valuation of the taxable property of the county.

anticipation of and payable from
general [(]ad valorem[)]taxes levied for the
current fiscal year, any general
obligation indebtedness of the county issued to pay the cost of any lending
project, and any indebtedness not evidenced by notes, bonds or
other securities, exceeding 10 percent of the total last assessed valuation of
the taxable property of the county.

3. A county shall not become indebted by the issuance
of general obligation indebtedness to fund the cost of lending projects in an
amount exceeding 15 percent of the total last assessed valuation of the taxable
property of the county.

Sec.
16. NRS 244A.653 is hereby amended to read as follows:

244A.653A
county whose population is 400,000 or more shall not become indebted for those
county recreational purposes under the provisions of NRS 244A.597 to 244A.655,
inclusive, by the issuance of general obligation bonds and other general
obligation securities, other than any notes or warrants maturing within 1 year
from the respective dates of their issuance, but excluding any outstanding
revenue bonds, special assessment bonds or other special obligation securities,
and excluding any outstanding general obligation notes and warrants, exceeding
5 percent of the total last assessed valuation of the taxable property in the
county. [A county whose population is 400,000 or more shall not become
indebted in an amount exceeding 10 percent of that valuation by the issuance of
any general obligation securities, other than any such notes or warrants, but
excluding any outstanding special obligation securities and excluding any
outstanding general obligation notes and warrants.]

Sec.
17. NRS 244A.655 is hereby amended to read as follows:

244A.655A
county whose population is less than 400,000 shall not become indebted for
those county recreational purposes under the provisions of NRS 244A.597 to
244A.655, inclusive, by the issuance of general obligation bonds and other
general obligation securities, other than any notes or warrants maturing within
1 year from the respective dates of their issuance, but excluding any
outstanding revenue bonds, special assessment bonds or other special obligation
securities, and excluding any outstanding general obligation notes and
warrants, exceeding 3 percent of the total last assessed valuation of the
taxable property in the county. [A county whose population is less than 400,000 shall not
become indebted in an amount exceeding 10 percent of that valuation by the
issuance of any general obligation securities, other than any such notes or
warrants, but excluding any outstanding special obligation securities and
excluding any outstanding general obligation notes and warrants.]

Sec.
18. 1. This section and sections 1 to 4, inclusive, of this act become
effective upon passage and approval.

2.
Sections 5 to 17, inclusive, of this act become effective on October 1, 1999.

________

κ1999 Statutes
of Nevada, Page 838κ

CHAPTER 159, SB 454

Senate
Bill No. 454Committee on Government Affairs

CHAPTER 159

AN ACT relating to the City of North Las Vegas;
amending the city charter to provide that the city attorney is appointed by,
serves at the pleasure of, and is under the general direction and supervision
of, the city council; and providing other matters properly relating thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Section
1.080 of the charter of the City of North Las Vegas, being chapter 573,
Statutes of Nevada 1971, at page 1211, is hereby amended to read as
follows:

Sec. 1.080
Appointment of officers; city managers director.

1. [All] Except as otherwise provided in section
3.050, all officers, not elected or covered under the civil
service system, [shall] must be appointed by the city manager subject
to ratification by the city council.

2. All
departments, offices and agencies under the direction and supervision of the
city manager [shall] must be administered by an officer subject to
the direction and supervision of the city manager. With the consent of the city
council, the city manager may serve as the head of two or more departments,
offices or agencies or may appoint one person to be head of two or more
departments, offices or agencies.

3. All
appointive officers of the city [shall] are entitled to receive such salary as may be
designated by the city council.

4. The
city council may require from all other officers and employees of the city
constituted or appointed under this charter, except councilmen, sufficient
security for the faithful and honest performance of their respective duties.

Sec.
2. Section 3.050 of the charter of the City of North Las Vegas, being
chapter 573, Statutes of Nevada 1971, at page 1221, is hereby amended to read
as follows:

5. The city attorney serves at the
pleasure of the city council and may be removed by an affirmative vote of a
majority of the entire membership of the city council at any time.

________

CHAPTER 160, SB 465

Senate
Bill No. 465Committee on Commerce and Labor

CHAPTER 160

AN ACT relating to financial institutions; authorizing banks
to maintain trust offices in various locations under certain circumstances;
authorizing the commissioner of financial institutions to collect fees for
trust offices; clarifying the circumstances under which a foreign trust company
or bank may be appointed to act as fiduciary in this state; amending the
requirements for the articles of incorporation and organization of a trust
company; amending certain requirements of an application for a license as a
trust company; providing for the qualifications of the directors and officers
of a trust company; revising the investment powers of a trust company;
authorizing the commissioner of financial institutions to impose administrative
penalties for violations of certain provisions governing trust companies; providing
a penalty; and providing other matters properly relating thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 658.096 is hereby amended to read as follows:

658.0961. The commissioner shall charge and
collect the following fees in connection with his official duties:

(a) For licensing of state
banks:

(1) A fee of $200 for
each parent bank, payable on June 30 of each year.

(2) A fee of $100 for
each branch bank[,]or trust office, payable
on June 30 of each year.

The fees must accompany the
application for renewal of the license. A penalty of 10 percent of the fee must
be charged for each month or part of a month that the fees are not paid after
June 30 of each year.

(b) For applications for new
branch banks[,]or trust offices, a
nonrefundable fee of $200 for the application and survey , to be paid by the applicant at the time of
making the application. The applicant [shall]must also pay such
additional expenses incurred in the process of investigation as the
commissioner deems necessary. All money received by the commissioner pursuant
to this paragraph must be placed in the investigative account created by NRS
232.545.

(c) For examinations and the
examination of trust departments of state banks[,]or trust offices, a fee
for conducting the examination and [in]for preparing and typing
the report of the examination at the rate established pursuant to NRS 658.101.

2. Except as otherwise
provided in paragraph (b) of subsection 1, all money collected pursuant this
section must be paid into the state general fund.

3. As used in this section, trust
office has the meaning ascribed to it in subsection 4 of section 4 of this
act.

Sec.
2. Chapter 662 of NRS is hereby amended by adding thereto the provisions
set forth as sections 3 and 4 of this act.

Sec.
3. As used in NRS 662.235 and
662.245 and section 4 of this act, business of a trust company or trust
company business has the meaning ascribed to it in section 7 of this act.

Sec.
4. 1. A bank organized under
this Title may maintain trust offices in this or other states with the written
consent of the commissioner.

2. Any action taken by the commissioner pursuant to
subsection 1 is subject to review in the manner provided in NRS 659.055.

3. The commissioner may adopt
regulations establishing reasonable conditions and requirements for the
approval and maintenance of trust offices.

4. As used in this section, trust
office means an office, other than the principal office, at which a bank
organized under this Title is authorized by the commissioner to conduct the
business of a trust company.

Sec.
5. NRS 662.245 is hereby amended to read as follows:

662.2451. [Except as otherwise
specifically provided by statute, no bank or other organization, and no
officer, employee or agent of such an organization, acting on its behalf,]An organization that does not
maintain an office in this state to conduct the business of a trust company may
be appointed to act as fiduciary by any court or by authority of any law of
this state [unless,]if, in addition to any other requirements of
law, the [bank or other organization:

(a) Is organized under the laws of and has its principal
place of business in this state or is a depository institution authorized by
the commissioner to operate a branch or agency in this state;

(b) Is a national banking association which has its principal
place of business in this state;

(c)] organization:

(a) Associates as cofiduciary a bank [whose
principal place of business is]authorized to do business in this state[; or

(d) Is a national bank, banking corporation,] or a trust company licensed pursuant to
chapter 669 of NRS; or

(b) Is a trust corporation or trust
company which:

(1) Is organized under
the laws of and has its principal place of business in another state which
allows [banks,] trust corporations or trust
companies [organized under the laws of this state]licensed pursuant to chapter 669 of NRS to
act as fiduciary[;] in that state;

(2) Is authorized by its
charter to act as fiduciary; and

(3) Before the
appointment as fiduciary, files with the secretary of state a document, acknowledged
before a notarial officer, which:

(I) Appoints the
secretary of state as its agent upon whom all process in any action or
proceeding against it may be served;

(II) Contains its
agreement that the appointment continues in force as long as any liability
remains outstanding against it in this state, and that any process against it
which is served on the secretary of state is of the same legal validity as if
served on it personally;

(III) Contains an
address to which the secretary of state may mail the process when received; and

A copy of the document required by
this subparagraph, certified by the secretary of state, is sufficient evidence
of the appointment and agreement.

2. A court [with]which has jurisdiction
over the accounts of a fiduciary that is a [national bank, banking
corporation,] trust corporation or trust company described
in paragraph [(d)](b) of subsection 1[,]
may require [such a]the fiduciary to provide a bond to ensure the
performance of its duties as fiduciary, in the same manner and to the same
extent as the court may require such a bond from a fiduciary that is a [banking
or other corporation]bank or trust company described in paragraph
(a) [or (b)] of subsection 1.

3. Service of process
authorized by subparagraph (3) of paragraph [(d)](b) of subsection 1
must be made by filing with the secretary of state:

(a) Two copies of the legal
process. The copies must include a specific citation to the provisions of this
section. The secretary of state may refuse to accept such service if the proper
citation is not included in each copy.

(b) A fee of $10.

The secretary of state shall
forthwith forward one copy of the legal process to the [bank or other]
organization, by registered or certified mail prepaid to the address provided
in the document filed pursuant to subparagraph (3) of paragraph [(d)](b) of subsection 1.

(c) State means any state or
territory of the United States, or the District of Columbia.

Sec.
6. Chapter 669 of NRS is hereby amended by adding thereto the provisions
set forth as sections 7 to 10, inclusive, of this act.

Sec. 7. Business of a trust company or trust
company business means the holding out by a person, by advertising,
solicitation or other means, that it is available to act as a fiduciary in this
state and undertaking to act as a fiduciary in the regular course of its
business.

Sec. 8. Fiduciary means a trustee, executor, administrator,
guardian of an estate, conservator, assignee for the benefit of creditors,
receiver, depositary or person that receives on deposit money or property from
a public administrator under any provision of this chapter or from another
fiduciary.

Sec.
9. 1. If the commissioner
ascertains by examination or otherwise that the capital or assets of a trust
company are impaired or that the affairs of a trust company are in an unsafe
condition which may result in danger to the public, he may immediately take
possession of all the property, business and assets of the company which are
located in this state and retain possession of them pending further proceedings
as provided in this chapter.

2. If the directors or officers of a corporation or the
managers or members acting in a managerial capacity of a limited-liability
company refuse to allow the commissioner to take possession of the property of
the company, the commissioner shall communicate that fact to the attorney general.

general. Upon notification from the commissioner, the
attorney general shall immediately institute such proceedings as may be
necessary to place the commissioner in immediate possession of the property of
the company. Upon possession of the property, the commissioner shall make or
have made an inventory of the assets and known liabilities of the company.

3. The commissioner shall file one copy of the
inventory in his office and one copy in the office of the clerk of the district
court of the county in which the principal office of the trust company is
located and shall mail one copy to each director or officer of the corporation,
or the manager or member acting in a managerial capacity of the
limited-liability company, at his last known address.

4. The clerk of the court with which the copy of the
inventory is filed shall file it as any other case or proceeding pending in the
court and shall give it a docket number.

Sec. 10. 1. The directors or officers of a
corporation or the managers or members acting in a managerial capacity of a
limited-liability company licensed as a trust company may, within 60 days after
the date the commissioner takes possession of the property, business and assets
of the corporation or limited-liability company licensed as a trust company,
make good any deficit that exists or remedy the unsafe condition of the affairs
of the corporation or limited-liability company licensed as a trust company.

2. At the expiration of the 60-day period set forth in
subsection 1, if the deficiency in assets or capital has not been made good or
the unsafe condition remedied, the commissioner may apply to the court to be
appointed receiver and proceed to liquidate the assets of the company that are
located in this state in the same manner as now provided by law for liquidation
of a private corporation in receivership.

3. Another person may not be appointed receiver by any
court unless he first gives the commissioner ample notice of his application.

4. The inventory made by the commissioner pursuant to
section 9 of this act and all claims filed by creditors are open at all
reasonable times for inspection, and any action taken by the receiver upon any
of the claims is subject to the approval of the court before which the cause is
pending.

5. The expenses of the receiver and compensation of
counsel, as well as all expenditures required in the liquidation proceedings,
must be fixed by the commissioner subject to the approval of the court and,
upon certification of the commissioner, must be paid out of the money in his
hands as the receiver.

Sec.
11. NRS 669.020 is hereby amended to read as follows:

669.020As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS [669.030]669.040 to 669.070,
inclusive, and sections 7 and 8 of
this act have the meanings ascribed to them in [such]those sections.

Sec.
12. NRS 669.040 is hereby amended to read as follows:

669.040Court trust means [the action of a trust
company acting under]a fiduciary relationship created by an appointment,
order or decree [of any court as executor, administrator, guardian,
conservator, assignee, receiver, depositary or trustee, or receiving on deposit
money or property from a public administrator under any provision of this
chapter or from any executor,
administrator, guardian, conservator, assignee, receiver, depositary or trustee
under any order or decree] of any court.

669.070Trust company means a corporation [organized
and]or
limited‑liability company licensed as provided in this
chapter and engaged in a trust
company business.

Sec.
15. NRS 669.080 is hereby amended to read as follows:

669.0801.
This chapter does not apply to[:

1. Banks or banking institutions regulated under the
provisions of chapters 657 to 668, inclusive, of NRS;

2. Savings and loan institutions regulated under chapter
673 of NRS;

3. Title insurers but only respecting escrows;

4. Nonprofit, charitable trusts or trust associations;
or

5. Any person, if:

(a)] a person who:

(a) Does business under the laws of this state, the
United States or another state relating to banks, savings banks, savings and
loan associations or thrift companies, but if the business conducted in this
state is not subject to supervision by a regulatory authority of another
jurisdiction, the person must be licensed pursuant to this chapter;

(b) Is appointed as a fiduciary pursuant to NRS 662.245;

(c) Is acting in the performance of his duties as an
attorney at law;

(d) Acts as a trustee under a deed of trust;

(e) Acts as a resident agent for a domestic or foreign
corporation, limited-liability company, limited partnership or
limited-liability partnership;

(f) Acts as a trustee of a trust holding real property
for the primary purpose of facilitating any transaction with respect to real
estate if he is not regularly engaged in the business of acting as a trustee
for such trusts;

(g) Engages in the business of a collection agency
pursuant to chapter 649 of NRS;

(h) Engages in the business of an escrow agency, escrow
agent or escrow officer pursuant to the provisions of chapter 645A or 692A of
NRS;

(i) Acts as a trustee of a trust created for charitable
or nonprofit purposes if he is not regularly engaged in the business of acting
as trustee for such trusts;

(j) Receives money or other property as a real estate
broker licensed under chapter 645 of NRS on behalf of a principal;

(k) Engages in transactions as a broker-dealer or sales
representative pursuant to chapter 90 of NRS;

(l) Acts as a fiduciary under a court trust;

(m) Does business as an insurer authorized to issue
policies of life insurance and annuities or endowment contracts in this state
and is subject to regulation and control of the commissioner of insurance; or

(n) Acts as a fiduciary if:

(1) The fiduciary relationship is not
one of his principal occupations; or

[(b)] (2) He serves as [trustee] a fiduciary for a
relative by blood or marriage.

2. A bank, savings bank, savings and loan association
or thrift company claiming an exemption from this chapter pursuant to paragraph
(a) of subsection 1 must notify the commissioner of financial institutions of
its intention to engage in the business of a trust company in this state and
present proof satisfactory to the commissioner of financial institutions that
its fiduciary activities in this state will be subject to regulation by another
jurisdiction.

Sec.
16. NRS 669.095 is hereby amended to read as follows:

669.0951. Except as otherwise provided in
subsection 2, no person[,
partnership, firm, association, corporation or other business]or organization
formed and doing business under the laws of this state or any other state may:

(a) Use the word trust or
any direct derivative of that word as a part of its name.

(b) Advertise or use any sign
with the word trust used as a part of its name.

2. The provisions of
subsection 1 do not apply to a person or [business]
organization which:

(a) Is supervised by the
commissioner of financial
institutions pursuant to this chapter or chapters 657 to 668,
inclusive, [or] 673 or 677 of NRS; [or]

(b) Is doing business under the laws of the United States or another
state relating to banks, savings banks, savings and loan associations or thrift
companies;

(c) Is acting under an appointment pursuant to NRS
662.245; or

(d) Is supervised by the commissioner of
insurance.

Sec.
17. NRS 669.110 is hereby amended to read as follows:

669.110[Any three or more
persons, a majority of whom shall be residents of this state, may execute
articles of incorporation and be incorporated as a trust company in the manner
prescribed in this chapter.] An applicant for a license to conduct the business of a
trust company under this chapter must be organized as a corporation or limited‑liability
company under the laws of this state or authorized to do business in this state
as a foreign corporation or foreign limited‑liability company.

Sec.
18. NRS 669.120 is hereby amended to read as follows:

669.1201. [The]If a corporation or limited‑liability
company that is engaged in trust company business is organized under the laws
of this state, the articles of incorporation or articles of organization must contain:

(a) The [corporate]
name adopted by the [corporation,]trust company, which must be such as to
distinguish it from any other trust company formed or incorporated in this
state, or engaged in the [trust] business of a trust company in this state[.

(b) The place where its business is to be conducted.

(c)] ; and

(b) The purpose for which it is formed.

[(d) The amount of its
stock, which must be divided into shares of the par value of not less than $1
each.

(e) The name and place of residence of, and the number of
shares subscribed by, each stockholder.

(f) The number of directors, which must not be less than
five, and the names of the stockholders selected to act as the first board of
directors, each of whom must be a bona fide subscriber for at least $1,000 of
the stock of the bank, fully paid and not hypothecated.

(g) The location of all branch offices as approved by the
commissioner.

(h) Such other matters, not inconsistent with law, as the
incorporators deem appropriate.

2. The articles of incorporation may also provide for:

(a) The issuance and sale of preferred stock in such
amount as is fixed by the articles or by amendments thereto;

(b) The amount and number of shares of preferred stock;
and

(c) The terms and conditions of the issuance and sale,
which must not be inconsistent with the provisions of this chapter.]

2. The provisions of subsection 1 do not apply to a
corporation or limited‑liability company engaged in trust company
business that is organized under the laws of another state, but it must use a
name that distinguishes it from any other trust company organized as or conducting
the business of a trust company in this state.

Sec.
19. NRS 669.130 is hereby amended to read as follows:

669.130[1. The secretary of
state shall issue a certificate in the form provided by law for other
corporations, and the existence of the trust company as a corporation begins
upon the issuance of the certificate by the secretary of state, from which time
it has and may exercise the powers conferred by law upon corporations
generally, except as those powers are limited or modified by this chapter.

2. The]A trust company shall not transact business,
except [the election of officers and the taking and approving of
their official bonds, the receipt of payments on account of the subscriptions
of the stock and such other business as is]business that is incidental
to its organization, until it is authorized by the commissioner to commence the
[trust company] business of a trust company as
provided in this chapter.

Sec. 20. NRS 669.150
is hereby amended to read as follows:

669.1501. [The corporate trust
company shall]An applicant must file an application for a license to
transact trust company business with the commissioner on forms prescribed by
the commissioner, which must contain or be accompanied by such information as the
commissioner requires.

2. A nonrefundable fee of
$1,000 [for the application and survey] must
accompany the application. The applicant [shall]must also pay such reasonable additional
expenses incurred in the process of investigation as the commissioner deems
necessary. In addition, a fee of not less than $100 nor more than $250,
prorated on the basis of the licensing year as provided by the commissioner,
must be paid at the time of making the application.

3. [Any]A trust company may maintain
offices in this and other states. For every branch location of a trust company
organized under the laws of this state, and every branch location in this state
of a foreign trust company authorized to do business in this state, a request
for approval and licensing [of a branch location for a trust company]
must be filed with the commissioner on such forms as he
prescribes.

commissioner on such forms as he
prescribes. A nonrefundable fee of $250 [for the application and
survey] must accompany each request. In addition, a fee of
not more than $100, prorated on the basis of the licensing year as provided by
the commissioner, must be paid at the time of making the request.

4. All money received by the
commissioner pursuant to this section must be placed in the investigative
account created by NRS 232.545.

Sec.
21. NRS 669.160 is hereby amended to read as follows:

669.1601. Within 60 days after the application for
a license is filed, the commissioner shall investigate the facts of the
application and the other requirements of this chapter to determine:

(a) That the persons who will
serve as directors or officers [are qualified by character and experience.] of the corporation, or the managers or
members acting in a managerial capacity of the limited‑liability company,
as applicable:

(1) Have a good reputation for honesty, trustworthiness
and integrity and display competence to transact the business of a trust
company in a manner which safeguards the interests of the general public. The
applicant must submit satisfactory proof of these qualifications to the
commissioner.

(2) Have not been convicted of, or entered a plea
of nolo contendere to, a felony or any crime involving fraud, misrepresentation
or moral turpitude.

(3) Have not made a false statement of material
fact on the application.

(4) Have not had a license that was issued pursuant
to the provisions of this chapter suspended or revoked within the 10 years
immediately preceding the date of the application.

(5) Have not had a license as a trust company which
was issued in any other state, district or territory of the United States or
any foreign country suspended or revoked within the 10 years immediately
preceding the date of the application.

(6) Have not violated any of the provisions of this
chapter or any regulation adopted pursuant to the provisions of this chapter.

(b) That the financial status
of the [stockholders,] directors and officers of the corporation or the managers or
members acting in a managerial capacity of the limited‑liability company is
consistent with their responsibilities and duties.

(c) That the name of the
proposed company is not deceptively similar to the name of another trust
company licensed in this state or is not otherwise misleading.

(d) That the initial
stockholders equity is not less than the required minimum.

[(e) The need for trust facilities
or additional trust facilities in the community where the proposed trust
company is to be located.

(f) Such other matters concerning the proposed trust company
in relation to its location as the commissioner may deem relevant.

2. Within 90 days after the application is filed, the
commissioner shall conduct a public hearing to consider the application. At
least 30 days before the hearing, the commissioner shall give written notice of
the hearing to all persons doing a trust
business in the community in which the proposed trust company is to be located
and to such other persons, institutions or organizations as he deems
appropriate.]

persons doing a trust business in the community in which the
proposed trust company is to be located and to such other persons, institutions
or organizations as he deems appropriate.]

2. Notice of the entry of an order refusing a license
to a trust company must be given in writing, served personally or sent by
certified mail or by telegraph to the company affected. The company, upon
application, is entitled to a hearing before a hearing officer appointed by the
director of the department of business and industry, but if no such application
is made within 30 days after the entry of an order refusing a license to any
company, the commissioner shall enter a final order.

3. If the hearing officer affirms
the order of the commissioner refusing the license, the applicant may file a
petition for judicial review pursuant to NRS 233B.130.

Sec.
22. NRS 669.220 is hereby amended to read as follows:

669.2201. [Every]A trust company:

(a) Shall keep all trust funds
and investments separate from the assets of the trust company, and all investments made by the
trust company as a
fiduciary must be designated so that the trust or estate to which the
investments belong may be clearly identified.

(b) [Holding]When it holds trust
funds awaiting investment or distribution , may deposit or leave those funds on deposit
with a state or national bank. The funds must not be deposited or left with the
same corporation depositing them or leaving them on deposit, or with a
corporation or association holding or owning a majority of the stock of the
trust company making or leaving the deposit, unless that corporation or
association first pledges, as security for the deposit, securities eligible for
investment by state banks which have a market value equal to that of the
deposited funds. No security is required with respect to any portion of the
deposits that is insured under the provisions of any law of the United States.

(c) [Acting]When it acts in any
capacity under a court trust or private trust, unless the instrument creating
the trust provides otherwise, may cause any securities held by it in its
representative capacity to be registered in the name of a nominee or nominees
of the trust company.

(d) When acting as depositary
or custodian for the personal representative of a court trust or private trust,
unless the instrument creating the trust provides otherwise, may with the
consent of the personal representative of the trust, cause any securities held
by it to be registered in the name of a nominee or nominees of the trust company.

2. [Every]A trust company is
liable for any loss occasioned by the acts of its nominees with respect to
securities registered under this section.

3. No corporation or the
registrar or transfer agent of the corporation is liable for registering or
causing to be registered on the books of the corporation any securities in the
name of any nominee of a trust company or for transferring or causing to be
transferred on the books of the corporation any securities registered by the
corporation in the name of any nominee of a trust company when the transfer is
made on the authorization of the nominee.

(b) Have an aggregate market value [of
all investments must equal or exceed]that equals or exceeds 60 percent of the
companys current stockholders equity or 60 percent of the companys initial
stockholders equity, whichever is greater.

5. A trust company may
purchase or rent land and equipment for use in the daily activities of the trust company.

Sec.
23. NRS 669.225 is hereby amended to read as follows:

669.2251. [A]In addition to the powers of investment
granted to the trust company by the instrument creating the relationship of
fiduciary or agent, a trust company which is acting as a
fiduciary or agent may, in its discretion or at the direction of another person
who is authorized to direct the investment of money held by the trust company
as a fiduciary or agent, invest in the securities of [a management]an investment trust
or [management] investment company if:

(a) The investment trust or
investment company is registered pursuant to the Investment Company Act of 1940
as amended , [(]15 U.S.C. §§ 80a-1 et
seq.[)]; and

(b) The portfolio of the
investment trust or investment company consists substantially of investments
which are not prohibited by the instrument creating the fiduciary or agency
relationship.

2. A trust company or an
affiliate of the trust company may provide services to the investment trust or
investment company, including, without limitation, acting as an investment
adviser, custodian, transfer agent, registrar, sponsor, distributor or manager
and may receive reasonable compensation for the services. The manner in which
the compensation is calculated must be disclosed to the person who is currently
receiving the benefits of the relationship
of a fiduciary or [agency relationship]agent with the trust
company. The disclosure may be made by a prospectus, a statement of account or
otherwise.

3. A trust company may
deposit money held by the trust company as a fiduciary or agent with an
affiliate before investing or making other disposition of the money.

Sec.
24. NRS 669.240 is hereby amended to read as follows:

669.2401. The directors or managers of a trust company shall require
good and sufficient fidelity bonds in the amount of $25,000 or more on all
active officers , managers,
members acting in a managerial capacity and employees, whether or
not they receive a salary or other compensation from the trust company, to indemnify the trust company against loss
because of any dishonest, fraudulent or criminal act or omission by any [officer
or employee]of
the persons bonded acting alone or in combination with any other
person. The bonds may be in any form and may be paid for by the trust company.

2. The [directors]trust company shall
obtain suitable insurance [for their company] against burglary,
robbery, theft and other hazards to which it may be exposed in the operation of
its business.

3. The [directors]trust company shall
at least annually prescribe the amount or penal sum of the bonds or policies
and designate the sureties and underwriters thereof,
after giving due and careful consideration to all known elements and factors
constituting a risk or hazard.

underwriters thereof, after giving
due and careful consideration to all known elements and factors constituting a
risk or hazard. The [directors] action must be recorded in
the minutes of the [board of directors]trust company and reported to the
commissioner.

Sec.
25. NRS 669.280 is hereby amended to read as follows:

669.2801. The violation of any of the provisions
of this chapter by the officers or directors , or the managers or members acting in a managerial
capacity, of any trust company [authorized to do business
under the provisions of this chapter] is sufficient cause
for the commissioner to close the trust company, liquidate its business and
revoke its license.

2. If [any officer or director
of] a trust company or any person authorized to act on the behalf of the trust
company refuses to allow the commissioner or his deputies to
inspect all books, records, papers and effects of [its business,]the business of the trust company,
the commissioner may revoke its license and proceed to wind up [its
affairs.] the
affairs of the trust company.

Sec.
26. NRS 669.290 is hereby amended to read as follows:

669.290Each officer, [employer,]
director , manager, member,
employee or agent of a trust company who knowingly or willfully
neglects to perform any duty required by this chapter or other applicable law,
or who knowingly or willfully fails to conform to any material lawful
requirement made by the commissioner, is subject to removal upon order of the
commissioner, and is guilty of a category D felony and shall be punished as
provided in NRS 193.130.

Sec.
27. NRS 159.017 is hereby amended to read as follows:

159.017Guardian means any person appointed under
this chapter as guardian of the person, of the estate, or of the person and
estate for any other person, and includes [a bank]an organization under
NRS 662.245 and joint appointees. The term includes a special guardian.

Sec.
28. The amendatory provisions of this act do not apply to offenses that
were committed before October 1, 1999.

AN ACT relating to concealed firearms; requiring a
sheriff to provide notice to a victim of a violent crime regarding certain
actions taken concerning a permit to carry a concealed firearm or an
application for such a permit; and providing other matters properly relating
thereto.

[Approved May 18, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. Chapter 202 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. If a sheriff who is processing an
application for a permit receives notification pursuant to NRS 202.3657 that
the applicant has been:

(a) Charged with a crime involving
the use or threatened use of force or violence, the sheriff shall notify any
victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:

(1) Suspended the processing of
the application until the final disposition of the charges against the
applicant; or

(2) Resumed the processing of
the application following the dropping of charges against the applicant or the
acquittal of the applicant.

(b) Convicted of a crime involving
the use or threatened use of force or violence, the sheriff shall notify any
victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657,
denied the application.

2. If a sheriff who has issued a
permit to a permittee receives notification pursuant to NRS 202.3657 that the
permittee has been:

(a) Charged with a crime involving
the use or threatened use of force or violence, the sheriff shall notify any
victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:

(1) Suspended the permit of the
permittee until the final disposition of the charges against the permittee; or

(2) Restored the permit of the
permittee following the dropping of charges against the permittee or the
acquittal of the permittee.

(b) Convicted of a crime involving
the use or threatened use of force or violence, the sheriff shall notify any
victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657,
revoked the permit of the permittee.

3. The sheriff shall notify a
victim pursuant to subsection 1 or 2 not later than 10 days after the date on
which the sheriff performs one of the actions listed in subsection 1 or 2
concerning an application or a permit.

Sec.
2. NRS 202.3653 is hereby amended to read as follows:

202.3653As
used in NRS 202.3653 to 202.369, inclusive, and section 1 of this act, unless the context
otherwise requires:

1. Concealed firearm means
a loaded or unloaded pistol, revolver or other firearm which is carried upon a
person in such a manner as not to be discernible by ordinary observation.

2. Department means the
department of motor vehicles and public safety.

3. Permit means a permit to
carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to
202.369, inclusive.

Sec.
3. NRS 202.3662 is hereby amended to read as follows:

202.36621. Except as otherwise provided
in this section [:]and section 1 of this act:

(a) An application for a permit, and all
information contained within that application; and

(b) All information provided to a sheriff or
obtained by a sheriff in the course of his investigation of an applicant,

are confidential.

2. Any records regarding an applicant or
permittee may be released to a law enforcement agency for the purpose of
conducting an investigation or prosecution.

3. Statistical abstracts of data compiled by a
sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to
202.369, inclusive, including, but not limited to, the number of applications
received and permits issued, may be released to any person.

________

CHAPTER 162, SB 315

Senate
Bill No. 315Committee on Judiciary

CHAPTER 162

AN ACT relating to civil actions; requiring arbitrators
to make certain findings in certain civil actions; requiring such findings to
be introduced into evidence at a trial de novo before a jury; requiring the
court to give certain jury instructions concerning arbitration at a trial de
novo before a jury; and providing other matters properly relating thereto.

[Approved May 19, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 38 of NRS is hereby amended by adding thereto a new
section to read as follows:

1. If an action is submitted to
arbitration in accordance with the provisions of NRS 38.250 to 38.258,
inclusive, the arbitrator or panel of arbitrators shall, in addition to any
other written findings of fact or conclusions of law, make written findings in
accordance with this subsection concerning each cause of action. The written
findings must be in substantially the following form, with panel of
arbitrators being substituted for arbitrator when appropriate:

Based upon the evidence presented at
the arbitration hearing concerning the cause of action for ................,
the arbitrator finds in favor of ................(name of the party) and
................(awards damages in the amount of $................ or does
not award any damages on that cause of action).

2. If an action is submitted to
arbitration in accordance with the provisions of NRS 38.250 to 38.258,
inclusive, and, after arbitration, a party requests a trial anew before a jury:

(a) The written findings made by the
arbitrator or the panel of arbitrators pursuant to subsection 1 must be
admitted at trial. The testimony of the arbitrator or arbitrators, whenever
taken, must not be admitted at trial, and the arbitrator or arbitrators must
not be deposed or called to testify concerning the arbitration. Any other
evidence concerning the arbitration must not be admitted at trial, unless the
admission of such evidence is required by the constitution of this state or the
Constitution of the United States.

(b) The court shall give the
following instruction to the jury concerning the action, substituting panel of
arbitrators for arbitrator when appropriate:

During the course of this trial,
certain evidence was admitted concerning the findings of an arbitrator. On the
cause of action for ................, the arbitrator found in favor of
................(name of the party) and ................(awarded damages in
the amount of $................ or did not award any damages on that cause of
action). The findings of the arbitrator may be given the same weight as other
evidence or may be disregarded. However, you must not give those findings undue
weight because they were made by an arbitrator, and you must not use the
findings of the arbitrator as a substitute for your independent judgment. You
must weigh all the evidence that was presented at trial and arrive at a
conclusion based upon your own determination of the cause of action.

3. The court shall give a separate
instruction pursuant to paragraph (b) of subsection 2 for each such cause of
action that is tried before a jury.

Sec.
2. NRS 38.250 is hereby amended to read as follows:

38.250Except as otherwise provided in NRS 38.310:

1. All civil actions filed in
district court for damages, if the cause of action arises in the State of
Nevada and the amount in issue does not exceed $40,000 must be submitted to
nonbinding arbitration in accordance with the provisions of NRS [38.253,
38.255 and 38.258.] 38.250 to 38.258, inclusive, and section 1 of this act.

2. A civil action for damages
filed in justices court may be submitted to arbitration if the parties agree,
orally or in writing, to the submission.

Sec.
3. The amendatory provisions of this act apply to an action that is filed
on or after October 1, 1999.

________

κ1999
Statutes of Nevada, Page 853κ

CHAPTER 163, AB 95

Assembly
Bill No. 95Committee on Government Affairs

CHAPTER 163

AN ACT relating to local improvements; authorizing the
creation of a local improvement district for a street beautification project;
requiring the governing body of a municipality which creates an improvement
district to establish a procedure for hardship determinations; and providing
other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 271 of NRS is hereby amended by adding thereto the
provisions set forth as sections 2 and 3 of this act.

Sec. 2. Street beautification project means
the beautification of any street, including, without limitation, median strips,
pedestrian malls, covered walkways or areas, water distribution and irrigation
systems, retaining walls, landscaping, tree planting, shrubbery, foliage,
fountains, waterfalls, decorative structures, benches, information booths,
restrooms, signs and other structures, and the reconstruction and relocation of
existing municipally owned works, improvements or facilities on such streets,
whether or not performed in conjunction with a street project or offstreet
parking project, or both.

Sec. 3. 1. On or before June 30 of each year
after the creation of a district for a street beautification project, the
governing body shall prepare and approve an estimate of the costs required
during the next fiscal year and a proposed assessment roll assessing an amount
not in excess of those estimated costs against the benefited property. The
basis for the computation of the assessments must be the frontage or another
uniform and quantifiable basis.

2. A public hearing must be conducted on the estimate
of costs for the next year and the assessment roll. Notice of the hearing must
be given, and the hearing conducted, in the manner described in NRS 271.380 and
271.385. The proposed assessments must not exceed the estimated amount
specified in the original assessment plat unless a new hearing, after published
and mailed notice, is held in the manner described in NRS 271.305, 271.306 and
271.310.

3. After the public hearing on the assessment roll, the
governing body shall, by resolution or ordinance, confirm the assessments as
specified in the roll or as modified.

4. The assessments must be due over
a period of 1 year after the effective date of the resolution or ordinance
confirming the assessments. The assessments may be made payable at one time or
in two or more installments over that period. Interest may not be charged on an
assessment or installment paid when due.

Sec.
4. NRS 271.030 is hereby amended to read as follows:

271.030[Except where the context
otherwise requires, the definitions in NRS 271.035 to 271.250, inclusive,
govern the construction of this chapter.] As used in this chapter, unless the
context otherwise requires, the words and
terms defined in NRS 271.035 to 271.250, inclusive, and section 2 of this act,
have the meanings ascribed to them in those sections.

and terms defined in NRS 271.035 to 271.250, inclusive, and
section 2 of this act, have the meanings ascribed to them in those sections.

Sec.
5. NRS 271.265 is hereby amended to read as follows:

271.2651. The governing body of a county, city or
town, upon behalf of the municipality and in its name, without any election,
may from time to time acquire, improve, equip, operate and maintain, within or
without the municipality, or both, within and without the municipality:

(a) A curb and gutter project;

(b) A drainage project;

(c) An offstreet parking
project;

(d) An overpass project;

(e) A park project;

(f) A sanitary sewer project;

(g) A security wall;

(h) A sidewalk project;

(i) A storm sewer project;

(j) A street project;

(k) A street beautification project;

(l) A transportation project;

[(l)] (m) An underpass project;

[(m)] (n) A water project; and

[(n)] (o) Any combination of
such projects.

2. In addition to the power
specified in subsection 1, the governing body of a city having a commission
form of government as defined in NRS 267.010, upon behalf of the municipality
and in its name, without any election, may from time to time acquire, improve,
equip, operate and maintain, within or without the municipality, or both,
within and without the municipality:

(a) An electrical project;

(b) A telephone project;

(c) A combination of an
electrical project and a telephone project;

(d) A combination of an
electrical project or a telephone project with any of the projects, or any
combination thereof, specified in subsection 1; and

(e) A combination of an
electrical project and a telephone project with any of the projects, or any
combination thereof, specified in subsection 1.

3. In addition to the power
specified in subsections 1 and 2, the governing body of a municipality, on behalf
of the municipality and in its name, without an election, may finance an
underground conversion project with the approval of each service provider that
owns the overhead service facilities to be converted.

Sec.
6. NRS 271.280 is hereby amended to read as follows:

271.280 1. Whenever the governing
body is of the opinion that the interest of the municipality requires any
project, the governing body, by resolution, shall direct the engineer to
prepare, or may, after he has prepared, ratify:

(a) Preliminary plans showing:

(1) A typical section of
the contemplated improvement.

(2) The type or types of
material, approximate thickness and wideness.

(3) A preliminary
estimate of the cost of the project, including incidental costs.

(b) An assessment plat
showing:

(1) The area to be
assessed.

(2) [The]Except as otherwise provided in
section 3 of this act, the amount of maximum benefits estimated
to be assessed against each tract in the assessment area.

The governing body is not required
to employ the services of an appraiser to estimate or to assist the engineer in
estimating the benefits to be derived from the project.

2. The resolution or
ratification may provide for one or more types of construction, and the
engineer shall separately estimate the cost of each type of construction. The
estimate may be made in a lump sum or by unit prices, as the engineer determines
is most desirable for the improvement complete in place.

3. The resolution or document
ratified must describe the project in general terms.

4. The resolution or document
ratified must state:

(a) What part or portion of
the expense of the project is of special benefit and therefore is to be paid by
assessments.

(b) What part, if any, has
been or is proposed to be defrayed with money derived from other than the levy
of assessments.

(c) The basis by which the
cost will be apportioned and assessments levied.

5. If the assessment is not
to be made according to front feet, the resolution or document ratified must:

(a) By apt description
designate the improvement district, including the tracts to be assessed.

(b) Describe definitely the
location of the project.

(c) State that the assessment
is to be made upon all the tracts benefited by the project proportionately to
the benefits received.

6. If the assessment is to be
upon the abutting property upon a frontage basis, it is sufficient for the resolution
or document ratified so to state and to define the location of the project to
be made.

7. It is not necessary in any
case to describe minutely in the resolution or document ratified each
particular tract to be assessed, but simply to designate the property,
improvement district or the location, so that the various parts to be assessed
can be ascertained and determined to be within or without the proposed
improvement district.

8. The engineer shall
forthwith prepare and file with the clerk:

(a) The preliminary plans; and

(b) The assessment plat.

9.
Upon the filing of the plans and plat, they must be examined by the governing
body. If the plans and plat are found to be satisfactory, the governing body
shall make a provisional order by resolution to the effect that the project
will be acquired or improved, or both acquired and improved.

271.306 1. Regardless of the basis
used for apportioning assessments, the amount apportioned to a wedge or V or
any other irregularly shaped tract must be in proportion to the special
benefits thereby derived.

2. [If,]Except as otherwise provided in
subsection 3, if, within the time specified in the notice,
complaints, protests and objections in writing, that is, all written
remonstrances, against acquiring or improving the project proposed by
initiation of the governing body are filed with the clerk, signed by the owners
of tracts constituting a majority of the frontage, of the area, of the zone, or
of the other basis for the computation of assessments, as the case may be, of
the tracts to be assessed in the improvement district or in the assessment unit
if the improvement district is divided into assessment units, the project
therein must not be acquired or improved unless:

(a) The municipality pays
one-half or more of the total cost of the project, other than a park project,
with money derived from other than the levy of assessments; or

(b) The project constitutes
not more than 2,640 feet, including intersections, remaining unimproved in any
street, including an alley, between improvements already made to either side of
the same street or between improvements already made to intersecting streets.
In this case the governing body may on its own motion cause the intervening and
unimproved part of the street to be improved. Such improvements will not be
stayed or defeated or prevented by written complaints, protests and objections
thereto, unless the governing body in its sole discretion, deems such written
complaints, protests and objections proper to cause the improvement to be
stayed or prevented.

3. Written remonstrances by the owners of tracts
constituting 50 percent of the basis for the computation of assessments suffice
to preclude the acquisition or improvement of a street beautification project.

Sec.
8. NRS 271.357 is hereby amended to read as follows:

271.3571. The governing body of each municipality
which creates an improvement district [may] shall establish a
procedure to allow a person whose property will be included within the
boundaries of the district to apply for a hardship determination.

2. The procedure must include
the referral of applications to an appropriate social services agency within
the local government for evaluation. The agency shall consider each application
on the basis of ability to pay the assessments attributable to the applicants
property and render a recommendation of approval or disapproval to the
governing body.

3.
The procedure must include a requirement for renewal of the hardship
determination as often as the governing body deems necessary. An application
for the renewal of a hardship determination must be treated in a manner that is
similar to the evaluation and approval required for an initial determination.

Sec.
9. NRS 271.485 is hereby amended to read as follows:

271.485 1. Any bonds issued pursuant
to this chapter may be sold in such a manner as may be approved by the
governing body to defray the cost of the project, including all proper
incidental expenses. The governing body may issue a single issue of bonds to
defray the costs of projects in two or more improvement
districts if the principal amount of those bonds does not exceed the total
uncollected assessments levied in each improvement district.

more improvement districts if the
principal amount of those bonds does not exceed the total uncollected
assessments levied in each improvement district.

2. Bonds must be sold in the
manner prescribed in NRS 350.105 to 350.195, inclusive:

(a) For not less than the
principal amount thereof and accrued interest thereon; or

(b) At the option of the
governing body, below par at a discount not exceeding 9 percent of the
principal amount and except as otherwise provided in NRS 271.487 and 271.730,
at a price which will not result in an effective interest rate which exceeds by
more than 3 percent the Index of Twenty Bonds which was most recently published
before the bids are received or a negotiated offer is accepted if the maximum or
any lesser amount of discount permitted by the governing body has been
capitalized as a cost of the project.

3. Except as otherwise
provided in NRS 271.487 and 271.730, the rate of interest of the bonds must not
at any time exceed the rate of interest, or lower or lowest rate if more than
one, borne by the special assessments, but any rate of interest of the bonds
may be the same as or less than any rate of interest of the assessment, subject
to the limitation provided in subsection 2, as the governing body may
determine.

4. The governing body may
employ legal, fiscal, engineering and other expert services in connection with
any project authorized by this chapter and the authorization, issuance and sale
of bonds.

5. Any accrued interest and
any premium must be applied to the payment of the interest on or the principal
of the bonds, or both interest and principal.

6. Any unexpended balance of
the proceeds of the bond remaining after the completion of the project for
which the bonds were issued must be paid immediately into the fund created for
the payment of the principal of the bonds and must be used therefor, subject to
the provisions as to the times and methods for their payment as stated in the
bonds and the proceedings authorizing their issuance.

7. The validity of the bonds
must not be dependent on nor affected by the validity or regularity of any
proceedings relating to the acquisition or improvement of the project for which
the bonds are issued.

8. A purchaser of the bonds
is not responsible for the application of the proceeds of the bonds by the
municipality or any of its officers, agents and employees.

9. The governing body may
enter into a contract to sell special assessment bonds at any time but, if the
governing body so contracts before it awards a construction contract or
otherwise contracts for acquiring or improving the project, the governing body
may terminate the contract to sell the bonds, if:

(a) Before awarding the
construction contract or otherwise contracting for the acquisition or
improvement of the project, it determines not to acquire or improve the
project; and

(b) It has not elected to
proceed pursuant to subsection 2 or 3 of NRS 271.330, but has elected to
proceed pursuant to subsection 1 of that section.

10.
If the governing body ceases to have jurisdiction to proceed, because the requisite proportion of owners
of [more than one-half of] the frontage to
be assessed, or of [such] the area, zone or other [assessment basis,]basis of assessment,
file written complaints, protests and objections to the project, as provided in
NRS 271.306, or for any other reason, any contract to sell special assessment
bonds is terminated and becomes inoperative.

________

CHAPTER 164, AB 107

Assembly
Bill No. 107Committee on Commerce and Labor

CHAPTER 164

AN ACT relating to manufactured housing; requiring
dealers to comply with certain requirements concerning money held by them
pending the sale or exchange of an interest in a manufactured home, mobile home
or commercial coach; establishing requirements relating to the enforceability
of certain brokerage agreements; requiring dealers who enter into brokerage
agreements to perform certain acts relating to their clients; revising the
categories of licensure as a limited serviceman; and providing other matters
properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 489 of NRS is hereby amended by adding thereto the
provisions set forth as sections 2 to 9, inclusive, of this act.

Sec.
2. Brokerage agreement
means a contract between a dealer and a client in which the dealer agrees to
accept compensation to:

1. Assist, solicit or negotiate the
sale or exchange of an interest in a manufactured home, mobile home or
commercial coach; or

2. Induce any person to buy or
exchange an interest in a manufactured home, mobile home or commercial coach.

Sec.
3. Client means a person
who has entered into a brokerage agreement with a dealer.

Sec.
4. 1. Any money that a
dealer receives from a client or other person concerning the sale or exchange
of an interest in a manufactured home, mobile home or commercial coach must be
accounted for by the dealer when:

(a) The sale or exchange of the
interest in the manufactured home, mobile home or commercial coach is executed;
or

(b) The contract for the sale or exchange
of the interest in the manufactured home, mobile home or commercial coach is
rescinded by the dealer, client or any other person,

whichever occurs earlier.

2. The dealer shall:

(a) Prepare or cause to be prepared
a written itemized statement concerning each expenditure or deduction of money
made by the dealer;

(b) Deliver or cause to be delivered
to each person from whom the dealer received money a copy of the written
itemized statement; and

(c) Maintain a copy of the written
itemized statement at his place of business.

3. Except as otherwise provided in
a brokerage agreement or an escrow agreement signed by the parties to a sale or
exchange of an interest in a manufactured home, mobile home or commercial coach
and the escrow agent or escrow officer licensed pursuant to the provisions of
chapter 645A or 692A of NRS, no money concerning that sale or exchange held by
a dealer may be distributed until:

(a) An application for:

(1) A certificate of ownership for the
manufactured home, mobile home or commercial coach; or

(2) A certificate of title or
certificate of ownership that does not pass immediately upon the sale or
transfer of the manufactured home, mobile home or commercial coach,

has been submitted to the division;

(b) Each person who has a financial
interest in the manufactured home, mobile home or commercial coach has executed
a document that releases or waives his interest; and

(c) Each party to the sale or
exchange has complied with the requirements for the sale or exchange that are
set forth in the regulations adopted pursuant to the provisions of this
chapter.

Sec.
5. A brokerage agreement that
includes a provision that grants a dealer the exclusive right to assist,
solicit or negotiate the sale or exchange of an interest in a manufactured
home, mobile home or commercial coach on behalf of a client is enforceable if
the agreement:

1. Is in writing;

2. Sets forth the date the brokerage
agreement expires;

3. Does not require the client to
perform any act concerning the brokerage agreement after the agreement expires;
and

4. Is signed by the client or his
representative and the dealer or his representative.

Sec.
6. 1. A dealer who has
entered into a brokerage agreement with a client for the sale or exchange of an
interest in a manufactured home, mobile home or commercial coach shall:

(a) Seek the price and terms for the
sale or exchange that are set forth in the brokerage agreement or are approved
by the client;

(b) Present all offers made to or by
the client as soon as practicable;

(c) Disclose to the client all the
material facts known by him concerning the sale or exchange;

(d) Advise the client to obtain
advice from an expert concerning any matters that are beyond the knowledge or
expertise of the dealer;

(e) As soon as practicable, account
for all money and property he receives in which the client may have a financial
interest; and

(f) As soon as practicable, deliver
to each party a copy of the executed contract for the sale or exchange.

2. A dealer shall not enter into a
brokerage agreement with a client for the sale or exchange of an interest in a
manufactured home, mobile home or commercial coach unless the dealer has
determined that the client will be able to deliver good title upon the
execution of the sale or exchange of the interest in the manufactured home,
mobile home or commercial coach.

Sec.
7. 1. Unless otherwise
specifically waived in writing by the buyer, for each sale of a manufactured
home, mobile home or commercial coach in which the dealer is the seller or an
agent of the seller, there is an implied warranty by the dealer that all the
essential systems are in working order upon the execution of the sale. For the
purposes of this subsection, the words as is or any similar words do not
constitute a waiver of the implied warranty unless the words specifically refer
to a specific component of an essential system.

2. As used in this section,
essential system means the heating, air-conditioning, electrical, plumbing
and drainage systems of a manufactured home, mobile home or commercial coach.

Sec.
8. The administrator shall
prescribe, by regulation, the form of the contract that must be used for the
sale of a manufactured home, mobile home or commercial coach.

Sec.
9. 1. Except as otherwise
provided in subsection 2, a dealer shall not obtain or attempt to obtain the
signature of a buyer on a contract for the sale or exchange of an interest in a
mobile home, manufactured home or commercial coach if any of the essential provisions
of the contract are not set forth in the contract.

2. The dealer may insert:

(a) The identification number or
identifying marks of a manufactured home, mobile home or commercial coach; and

(b) The date the first installment
payment for the sale or exchange is due from the buyer,

into the blank spaces of a contract
after the contract has been signed by a buyer if the manufactured home, mobile
home or commercial coach was not delivered to the buyer on the date the
contract was executed.

3. The administrator shall
prescribe, by regulation, the essential provisions of a contract.

Sec.
10. NRS 489.031 is hereby amended to read as follows:

489.031As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 489.036 to 489.155,
inclusive, and sections 2 and 3 of
this act have the meanings ascribed to them in those sections.

Sec.
11. NRS 489.076 is hereby amended to read as follows:

489.0761. Dealer means any person who:

(a) For compensation, money or any other [things] thing of value, sells,
exchanges, buys or offers for sale, negotiates or attempts to negotiate a sale
or exchange of an interest in a manufactured home, mobile home or commercial
coach subject to the requirements of this chapter, or induces or attempts to
induce any person to buy or exchange an interest in a manufactured home, mobile
home or commercial coach;

(b) For compensation, money or any other thing of value, leases
or rents, offers for lease or rental, negotiates or attempts to negotiate the
lease or rental of an interest in a manufactured home, mobile home or
commercial coach subject to the requirements of this chapter, or induces or
attempts to induce any person to lease or rent an interest in a manufactured
home, mobile home or commercial coach;

(c) Receives or expects to receive a
commission, money, brokerage fees, profit or any other thing of value from
either the seller or purchaser of any manufactured home, mobile home or
commercial coach;

(a) Receivers, trustees,
administrators, executors, guardians or other persons appointed by or acting
under the order of any court;

(b) Public officers while
performing their official duties;

(c) Banks, savings and loan
associations, credit unions, thrift companies or other financial institutions
proceeding as repossessors or liquidators of their own security; [or]

(d) A person who rents or leases his manufactured home, mobile
home or commercial coach; or

(e) An owner selling his private
residence.

Sec.
12. NRS 489.137 is hereby amended to read as follows:

489.137Salesman means any person employed by a
dealer or rebuilder, under any form of contract or arrangement to sell, rent, lease, exchange[,]or buy, or offer for sale,
rental, lease or
exchange , an
interest in a manufactured home, mobile home or commercial coach to any person,
and who receives or expects to receive a commission, fee or any other
consideration from his employer.

Sec.
13. NRS 489.325 is hereby amended to read as follows:

489.3251. The administrator may adopt regulations
which provide for the creation of a subclass of licensure for servicemen. A
person licensed as a limited serviceman pursuant to this section must be
limited in the scope of the work he may perform to installation or repair in
one of the following categories:

(a) Awnings, roofing or
skirting;

(b) Plumbing; [or]

(c) Heating and air‑conditioning systems; or
[electrical]

(d) Electrical systems.

2. The administrator shall
provide in [such a regulation] those regulations for:

(a) The imposition of
reasonable fees for application, examination and licensure.

(b) The creation and
administration of a written or oral examination for each category of limited
licensure.

(c) Minimum qualifications for
such a license, including ,
without limitation, the passage of the applicable examination.

3. A person who is licensed
as a limited serviceman shall comply with each statute and regulation which
applies to servicemen, including ,
without limitation, the [required]
payment of a fee required
pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971.

Sec.
14. NRS 489.4975 is hereby amended to read as follows:

489.49751. When any person obtains a final judgment
in any court of competent jurisdiction against any licensee under this chapter
in an action [described in NRS 489.4973,] for fraud, misrepresentation or deceit,
the judgment creditor may, upon termination of all proceedings, including
appeals in connection with any judgment, file a verified petition in the court
in which the judgment was entered for an order directing payment out of the
account in the amount of actual damages included in the judgment and unpaid,
but not more than $25,000 per claimant and the liability of the account may not
exceed $100,000 for any licensee.

2. A copy of the petition
must be served upon the administrator and an affidavit of service filed with
the court.

3. The court shall act upon
the petition within 30 days after service and, upon the hearing of the
petition, the judgment creditor must show that:

(a) He is not the spouse of
the judgment debtor, or the personal representative of that spouse.

(b) He has complied with all
the requirements of NRS 489.4971 to 489.4989, inclusive.

(c) He has obtained a judgment
of the kind described in subsection 1, stating the amount of the judgment and
the amount owing on it at the date of the petition.

(d) A writ of execution has
been issued upon the judgment and that no assets of the judgment debtor liable
to be levied upon in satisfaction of the judgment could be found, or that the
amount realized on the sale of any of them as were found under the execution
was insufficient to satisfy the judgment, stating the amount so realized and
the balance remaining due.

(e) He and the division have
made reasonable searches and inquiries to ascertain whether the judgment debtor
possesses real or personal property or other assets, liable to be sold or
applied in satisfaction of the judgment.

(f) The petition has been filed
[no] not more than 1 year after the termination of
all proceedings, including reviews and appeals, in connection with the
judgment.

Sec.
15. NRS 489.715 is hereby amended to read as follows:

489.7151. Full disclosure of all terms and
conditions of an offer to sell, buy or lease a used manufactured home, used
mobile home or used commercial coach must be set forth in writing and signed by
the seller, buyer and dealer.

2. Any offer to purchase or
lease a used manufactured home, used mobile home or used commercial coach must
be submitted within 5 days after the offer is made to the owner or his
authorized agent for approval or disapproval.

disapproval. The offer must be in
writing and signed and dated by the person making the offer and by the dealer.

3. As used in this section, authorized agent does not
include a dealer or an employee or agent of the dealer.

Sec.
16. NRS 489.4973 is hereby repealed.

________

CHAPTER 165, AB 111

Assembly
Bill No. 111Committee on Commerce and Labor

CHAPTER 165

AN ACT relating to safety in the workplace; requiring
the establishment of a written safety program in certain workplaces where
explosives are manufactured; providing exceptions; requiring safety programs
and related training programs to be in a language and format that is
understandable to each employee; revising the provisions governing the manner
in which rights and responsibilities of employers and employees relating to
safety are furnished to employees; and providing other matters properly
relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 618.376 is hereby amended to read as follows:

618.3761. Every employer shall, upon hiring an
employee, provide the employee with a document or videotape setting forth the
rights and responsibilities of employers and employees to promote safety in the
workplace. The document, or evidence of receipt of the videotape, must be
signed by the employer and employee and placed in the employees personnel
file. The document or videotape shall not be deemed to be a part of any employment
contract.

2.
The division shall adopt regulations specifying the contents of such a document
or videotape and
establishing requirements for [issuing]making the document or videotape available in different
languages.

Sec.
2. NRS 618.383 is hereby amended to read as follows:

618.3831. Except as otherwise provided in [subsection 7,]subsections 8 and 9, an
employer shall establish a written safety program and carry out the
requirements of the program within 90 days after it is established.

2. The written safety program
must include:

(a) The establishment of a
training program for employees concerning safety in the workplace, particularly
in those areas where there have been recurring injuries[.] or where explosives are manufactured.

(b) If an employer has more
than 25 employees, or if an
employers employees are engaged in the manufacture of explosives, the
establishment of a safety committee. The safety committee must include
representatives of employees. If the employees are represented by a labor
organization, the representatives of employees must be selected by the
employees and not appointed by the employer.

3. A representative of
employees while engaging in the business of a safety committee, including
attendance at meetings, authorized inspections or any other activity of the
committee, must be paid by his employer as if that employee were engaged in his
usual work activities.

4. The written safety program and all training programs
required pursuant to this section must be conducted and made available in a
language and format that is understandable to each employee.

5. The administrator of the division
shall adopt regulations establishing the minimum requirements for a written
safety program.

[5.] 6. The administrator of
the division shall develop and provide each employer with a written guide for
establishing a written safety program.

[6.] 7. An employer who
contracts with a temporary employment service shall provide specialized
training concerning safety for the employees of the service before they begin
work at each site or as soon as possible thereafter.

[7.] 8. An employer who has
10 or fewer employees is exempted from the provisions of this section unless
the employer [has] :

(a) Has been identified pursuant to NRS
616B.206 as having excessive losses[.] ; or

(b) Has employees engaged in the manufacture of
explosives.

9. For the purposes of this section, an employer in the
mining industry shall not be deemed to be a manufacturer of explosives.

10. Except as otherwise provided in subsection 11, as
used in this section, explosives means gunpowders, powders used for blasting,
all forms of high explosives, blasting materials, fuses other than electric
circuit breakers, detonators and other detonating agents, smokeless powders,
other explosive or incendiary devices and any chemical compound, mechanical
mixture or device that contains any oxidizing and combustible units, or other
ingredients, in such proportions, quantities or packing that ignition by fire,
friction, concussion, percussion or detonation of the compound, mixture or
device or any part thereof may cause an explosion.

11. For the purposes of this section,
an explosive does not include:

(a) Ammunition for small arms, or
any component thereof;

(b) Black powder commercially
manufactured in quantities that do not exceed 50 pounds, percussion caps,
safety and pyrotechnic fuses, quills, quick and slow matches, and friction
primers that are intended to be used solely for sporting, recreation or
cultural purposes:

(1) In an antique firearm, as
that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on
January 1, 1999; or

(2) In an antique device which
is exempted from the definition of destructive device pursuant to 18 U.S.C. §
921(a)(4), as that section existed on January 1, 1999; or

(c) Any explosive that is manufactured under the
regulation of a military department of the United States, or that is
distributed to, or possessed or stored by, the military or naval service or any
other agency of the United States, or an arsenal, a navy yard, a depot or any
other establishment owned by or operated on behalf of the United States.

618.383 1.
Except as otherwise provided in subsections 8 and 9, an employer shall
establish a written safety program and carry out the requirements of the
program within 90 days after it is established.

2. The
written safety program must include:

(a) The
establishment of a training program for employees concerning safety in the
workplace, particularly in those areas where there have been recurring injuries
or where explosives are manufactured.

(b) If an
employer has more than 25 employees, or if an employers employees are engaged
in the manufacture of explosives, the establishment of a safety committee. The
safety committee must include representatives of employees. If the employees
are represented by a labor organization, the representatives of employees must
be selected by the employees and not appointed by the employer.

3. A
representative of employees while engaging in the business of a safety
committee, including attendance at meetings, authorized inspections or any
other activity of the committee, must be paid by his employer as if that
employee were engaged in his usual work activities.

4. The
written safety program and all training programs required pursuant to this
section must be conducted and made available in a language and format that is
understandable to each employee.

5. The
administrator of the division shall adopt regulations establishing the minimum
requirements for a written safety program.

6. The
administrator of the division shall develop and provide each employer with a
written guide for establishing a written safety program.

7. An
employer who contracts with a temporary employment service shall provide
specialized training concerning safety for the employees of the service before
they begin work at each site or as soon as possible thereafter.

8. An
employer who has 10 or fewer employees is exempted from the provisions of this
section unless the employer [:

(a) Has been identified pursuant to NRS
616.380 as having excessive losses; or

(b) Has]has employees engaged in
the manufacture of explosives.

9. For
the purpose of this section, an employer in the mining industry shall not be
deemed to be a manufacturer of explosives.

10. Except
as otherwise provided in subsection 11, as used in this section, explosives
means gunpowders, powders used for blasting, all forms of high explosives,
blasting materials, fuses other than electric circuit breakers, detonators and
other detonating agents, smokeless powders, other explosive or incendiary
devices and any chemical compound, mechanical mixture or device that contains
any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction,
concussion, percussion or detonation of the compound, mixture or device or any
part thereof may cause an explosion.

proportions,
quantities or packing that ignition by fire, friction, concussion, percussion
or detonation of the compound, mixture or device or any part thereof may cause
an explosion.

11. For
the purposess of this section, an explosive does not include:

(a)
Ammunition for small arms, or any component thereof;

(b)
Black powder commercially manufactured in quantities that do not exceed 50
pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow
matches, and friction primers that are intended to be used solely for sporting,
recreation or cultural purposes:

(1)
In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as
that section existed on January 1, 1999; or

(2)
In an antique device which is exempted from the definition of destructive
device pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January
1, 1999; or

(c) Any
explosive that is manufactured under the regulation of a military department of
the United States, or that is distributed to, or possessed or stored by, the
military or naval service or any other agency of the United States, or an
arsenal, a navy yard, a depot or any other establishment owned by or operated
on behalf of the United States.

Sec.
4. This act becomes effective upon passage and approval.

________

CHAPTER 166, AB 141

Assembly
Bill No. 141Committee on Health and Human Services

CHAPTER 166

AN ACT relating to mentally ill persons; clarifying
certain provisions governing the rights of a client concerning admission to a
mental health facility; revising the circumstances under which a mentally ill
person who is involuntarily admitted to a mental health facility and is
conditionally released may be required to return to the facility; revising the
process by which such a person may be unconditionally released before the
expiration of the statutory period for detention; and providing other matters
properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. NRS 433.471 is hereby amended to read as follows:

433.471Each client admitted for evaluation,
treatment or training to a facility has the following rights concerning
admission to the facility, a list of which must be prominently posted in all
facilities providing those services and must be otherwise brought to the
attention of the client by such additional means as prescribed by regulation:

1. The right not to be
admitted to the facility under false pretenses or as a result of any improper,
unethical or unlawful conduct by a staff member of the facility to collect
money from the insurance company of the client or for any other financial
purpose.

2. The right to receive a
copy, on request, of the criteria upon which the facility makes its decision to
admit or discharge a client from the facility. Such criteria must not, for
emergency admissions or involuntary court-ordered admissions, be based on the
availability of insurance coverage or any other financial considerations.

3. As used in this section, improper conduct means a
violation of the rules, policies or procedures of the facility.

Sec.
2. NRS 433A.370 is hereby amended to read as follows:

433A.3701. When a client committed by a court to a
division facility on or before June 30, 1975, or a client who is judicially
admitted on or after July 1, 1975, or a person who is involuntarily detained
pursuant to NRS 433A.150 to 433A.300, inclusive, escapes from any division
facility, or when a judicially admitted client has not returned to a division
facility from [convalescent leave] conditional release after the administrative
officer of the facility has ordered him to do so, any peace officer shall, upon
written request of the administrative officer or his designee and without the
necessity of a warrant or court order, apprehend, take into custody and deliver
the person to such division facility or another state facility.

2.
Any person appointed or designated by the director of the department to take
into custody and transport to a division facility persons who have escaped or
failed to return as described in subsection 1 may participate in the
apprehension and delivery of any such person, but may not take the person into
custody without a warrant.

Sec.
3. NRS 433A.380 is hereby amended to read as follows:

433A.3801. Except as otherwise provided in
subsection 4, any person involuntarily admitted by a court may be conditionally
released from a public or private mental health facility [on convalescent leave]
when, in the judgment of the medical director of the facility, the [convalescent
status]
conditional release is in the best interest of the person and
will not be detrimental to the public welfare. The medical director or his designee of the facility shall
prescribe the period for which the conditional release is effective. The period
must not extend beyond the last day of the court-ordered period of treatment
pursuant to NRS 433A.310.

2. When a person is
conditionally released pursuant to subsection 1, the state or any of its agents
or employees are not liable for any debts or contractual obligations, medical
or otherwise, incurred or damages caused by the actions of the person.

3. When a person who has been
adjudicated by a court to be incompetent is conditionally released from a
mental health facility, the administrative officer of the mental health
facility shall petition the court for restoration of full civil and legal
rights as deemed necessary to facilitate the incompetent persons
rehabilitation.

4. A person who was
involuntarily admitted by a court because he was likely to harm others if
allowed to remain at liberty may be conditionally released only if, at the time
of the release, written notice is given to the court which admitted him and to
the district attorney of the county in which the proceedings for admission were
held.

5. Except as otherwise provided in subsection
7, the administrative officer of a public or private mental health facility or
his designee shall order a person who is
conditionally released from that facility pursuant to this section to return to
the facility if a psychiatrist and a member of that persons treatment team who
is professionally qualified in the field of psychiatric mental health
determine, pursuant to NRS 433A.115, that the conditional release is no longer
appropriate because that person presents a clear and present danger of harm to
himself or others.

order a person who is conditionally
released from that facility pursuant to this section to return to the facility
if a psychiatrist and a member of that persons treatment team who is
professionally qualified in the field of psychiatric mental health determine,
pursuant to NRS 433A.115, that the conditional release is no longer appropriate
because that person presents a clear and present danger of harm to himself or
others. Except as otherwise provided in this subsection, the administrative
officer or his designee shall, at least 3 days before the issuance of the order
to return, give written notice of the order to the court that admitted the
person to the facility. If an emergency exists in which the person presents an
imminent threat of danger of harm to himself or others, the order must be
submitted to the court not later than 1 business day after the order is issued.

6. The court shall review an order
submitted pursuant to subsection 5 and the current condition of the person who
was ordered to return to the facility at its next regularly scheduled hearing
for the review of petitions for involuntary court-ordered admissions, but in no
event later than 5 judicial days after the person is returned to the facility.
The administrative officer or his designee shall give written notice to the
person who was ordered to return to the facility and to his attorney, if known,
of the time, date and place of the hearing and of the facts necessitating that
persons return to the facility.

7. The provisions of subsection 5 do not apply if the
period of conditional release has expired.

Sec.
4. NRS 433A.390 is hereby amended to read as follows:

433A.3901. When a client, involuntarily admitted to
a mental health facility by court order, is released at the end of the time
specified pursuant to NRS 433A.310, written notice must be given to the
admitting court at least 10 days before the release of the client. The client
may then be released without requiring further orders of the court.

2. An involuntarily
court-admitted client may be [conditionally]unconditionally released before the period
specified in NRS 433A.310 when:

(a) An evaluation team
established under NRS 433A.250 or two persons professionally qualified in the
field of psychiatric mental health, at least one of them being a physician,
determines that the client has recovered from his mental illness or has
improved to such an extent that he is no longer considered to present a clear
and present danger of harm to himself or others; and

(b) Under advisement from the
evaluation team or two persons professionally qualified in the field of
psychiatric mental health, at least one of them being a physician, the medical
director of the mental health facility authorizes the release and gives written
notice to the admitting court[.

3. The release of an involuntarily court-admitted client
pursuant to subsection 2 becomes unconditional 10 days after the release unless
the admitting court, within that period, issues an order providing otherwise.] at least 10 days before the release of
the client.

Sec.
5. This act becomes effective upon passage and approval.

________

κ1999
Statutes of Nevada, Page 869κ

CHAPTER 167, AB 203

Assembly Bill No. 203Committee on Commerce and Labor

CHAPTER 167

AN ACT relating to the rehabilitation division of the
department of employment, training and rehabilitation; specifying the duties of
the administrator of the rehabilitation division; and providing other matters
properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 232 of NRS is hereby amended by adding thereto a new
section to read as follows:

The director shall appoint an
administrator of the rehabilitation division of the department. The
administrator:

1. Is in the unclassified service
of the state unless federal law or regulation requires otherwise, and serves at
the pleasure of the director.

2. Shall administer the provisions
of law set forth in subsection 4, subject to the administrative supervision of
the director.

3. Except as otherwise provided in
NRS 284.143, shall devote his entire time and attention to the business of his
office and shall not pursue any other business or occupation or hold any other
office of profit.

4. Is responsible for the administration,
through the bureaus of the rehabilitation division, of the provisions of NRS
232.940 and 232.950 and this section, NRS 426.520 to 426.610, inclusive,
458.010 to 458.360, inclusive, and chapters 426A and 615 of NRS and all other
provisions of law relating to the functions of the rehabilitation division and
its bureaus, but is not responsible for the professional line activities of the
bureaus except as otherwise provided by specific statute.

5. Is responsible for the preparation of a consolidated
state plan for the bureau of services to the blind and visually impaired, the
bureau of vocational rehabilitation and any other program administered by the
rehabilitation division that he considers appropriate to incorporate into the
consolidated state plan before submission to the Federal Government. This
subsection does not apply if any federal regulation exists that prohibits a
consolidated plan.

6. In developing and revising state plans pursuant to
subsection 5, shall consider, without limitation:

(a) The amount of money available from the Federal
Government for the programs of the rehabilitation division;

(b) The conditions attached to the acceptance of that
money; and

(c) The limitations of legislative appropriations for
the programs.

7. May employ, within the limits of
legislative appropriations, such staff as is necessary to the performance of
the duties of the rehabilitation division.

Sec.
2. NRS 232.900 is hereby amended to read as follows:

232.900As used in NRS 232.900 to 232.960, inclusive,
and section 1 of this act, unless
the context otherwise requires:

1. Department means the
department of employment, training and rehabilitation.

2. Director means the
director of the department.

Sec.
3. NRS 232.920 is hereby amended to read as follows:

232.920The director:

1. Shall:

(a) Organize the department
into divisions and other operating units as needed to achieve the purposes of
the department;

(b) Upon request, provide the
director of the department of administration with a list of organizations and
agencies in this state whose primary purpose is the training and employment of
handicapped persons; and

(c) Except as otherwise
provided by a specific statute, direct the divisions to share information in
their records with agencies of local governments which are responsible for the
collection of debts or obligations if the confidentiality of the information is
otherwise maintained under the terms and conditions required by law.

2. Is responsible for the
administration, through the divisions of the department, of the provisions of
NRS 458.010 to 458.360, inclusive, chapters 426, 426A, 612 and 615 of NRS, and
all other provisions of law relating to the functions of the department and its
divisions, but is not responsible for the professional line activities of the
divisions or other operating units except as [specifically]otherwise provided by
[law.

3. Is responsible for the preparation of a consolidated
state plan for the bureau of services to the blind and visually impaired, the
bureau of vocational rehabilitation and any other program administered by the
rehabilitation division which he considers appropriate to incorporate into the
consolidated state plan before submission to the Federal Government. This
subsection does not apply if any federal regulation exists which prohibits a
consolidated plan.

4. In developing and revising state plans pursuant to
subsection 3, shall consider, among other things, the amount of money available
from the Federal Government for the programs of the division and the conditions
attached to the acceptance of that money, and the limitations of legislative appropriations
for the programs.

5.] specific statute.

3. May employ, within the limits of
legislative appropriations, such staff as is necessary to the performance of
the duties of the department.

Sec.
4. NRS 232.950 is hereby amended to read as follows:

232.9501. The [director]administrator shall
appoint , with the consent of the
director, a head of each bureau in the division, to be known as
the chief of his respective bureau.

2. The chief of each bureau:

(a) Is in the unclassified
service of the state unless federal law or regulation requires otherwise.

(b) Shall administer the
provisions of law relating to his bureau, subject to the administrative
supervision of the [director.] administrator.

3. Subject to the approval of
the [director,] administrator, the chief of each bureau may
employ, within the limits of legislative appropriations, such staff as is
necessary to the performance of his duties.

1. Direct and supervise all
administrative and technical activities as provided by NRS 458.010 to 458.360,
inclusive, subject to administrative supervision by the [director.] administrator of the rehabilitation
division of the department.

2. Subject to the approval of
the [director,]administrator of the rehabilitation division of the
department, appoint such technical, clerical and operational
staff as the execution of his duties and the operation of the bureau may
require.

Sec.
7. Chapter 615 of NRS is hereby amended by adding thereto a new section to
read as follows:

Administrator means the administrator
of the rehabilitation division of the department.

Sec.
8. NRS 615.020 is hereby amended to read as follows:

615.020As used in this chapter the words and terms
defined in NRS 615.031 to 615.140, inclusive, and section 7 of this act unless the context
otherwise requires, have the meanings ascribed to them in those sections.

Sec.
9. NRS 615.180 is hereby amended to read as follows:

615.1801. The chief shall:

(a) Subject to the approval of
the director, adopt rules and regulations necessary to carry out the purposes
of this chapter;

(b) Establish appropriate
administrative units within the bureau;

(c) Subject to the approval of
the [director,]administrator, appoint such personnel as is
necessary for the proper and efficient performance of the functions of the
bureau;

(d) Prescribe the duties of
the personnel of the bureau;

(e) Prepare and submit to the
governor, through the director, before September 1 of each even-numbered year
for the biennium ending June 30 of such year, reports of activities and
expenditures and estimates of sums required to carry out the purposes of this
chapter;

(f) Make certification for the
disbursement of money available for carrying out the purposes of this chapter;
and

(g) Take such other action as
may be necessary or appropriate to cooperate with public and private agencies
and otherwise to carry out the purposes of this chapter.

2. The chief may delegate to
any officer or employee of the bureau such of his powers and duties as he finds
necessary to carry out the purposes of this chapter.

Sec.
10. NRS 615.280 is hereby amended to read as follows:

615.2801. Any person applying for or receiving
vocational rehabilitation who is aggrieved by any action or inaction of the
bureau or the [director]administrator with respect to him is entitled,
in accordance with regulations, to a fair hearing before a hearing officer.

2. A person aggrieved by the
decision of a hearing officer is entitled to judicial review of the decision in
the manner provided by chapter 233B of NRS.

Sec.
11. Notwithstanding the amendatory provisions of section 5 of this act,
the members of the advisory committee on traumatic brain injuries appointed by
the director of the department of employment, training and rehabilitation
pursuant to NRS 426A.060 before the effective date of this act remain members
of the advisory committee for the duration of the respective terms to which
they were appointed.

AN ACT relating to escrows; requiring the holder of an
escrow to record certain information regarding the license or certificate of
cooperation of a real estate broker, broker-salesman or salesman at the time an
escrow for the sale of real property is established; and providing other
matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 645A of NRS is hereby amended by adding thereto a new
section to read as follows:

At the time that an escrow for the sale
of real property is established, the holder of the escrow shall record in
writing the number and the date of expiration of the:

1. License issued pursuant to chapter
645 of NRS; or

2. Certificate of cooperation issued
pursuant to NRS 645.605,

of any real estate broker,
broker-salesman or salesman who will be paid compensation from money held in
the escrow for performing the services of a real estate broker, broker-salesman
or salesman in the transaction that is the subject of the escrow. The holder of
the escrow is not required to verify independently the validity of the number
of the license or certificate.

________

κ1999
Statutes of Nevada, Page 874κ

CHAPTER 169, AB 231

Assembly
Bill No. 231Committee on Judiciary

CHAPTER 169

AN ACT relating to children; imposing certain
requirements before a court may waive arrearages in the payment of child
support; expanding the class of persons to whom district attorneys must provide
certain services for the support of children; clarifying certain provisions
regarding the appointment of a guardian ad litem in an action to determine
paternity; and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 125B of NRS is hereby amended by adding thereto a new
section to read as follows:

Before a court issues or modifies an
order for the support of a child, the court shall determine whether any of the
parties to the proceeding are receiving or have ever received public
assistance. If the court determines that any of those parties are receiving or
have ever received public assistance, the court shall not waive any arrearages
in the payment of child support until after it has provided the welfare
division of the department of human resources with notice and an opportunity to
be heard regarding the matter.

Sec.
2. NRS 125B.002 is hereby amended to read as follows:

125B.002As used in NRS 125B.002 to 125B.180,
inclusive, and section 1 of this
act, unless the context otherwise requires, the words and terms
defined in NRS 125B.004 and 125B.008 have the meanings ascribed to them in
those sections.

Sec.
3. NRS 125B.150 is hereby amended to read as follows:

125B.1501. The district attorney of the county of
residence of the child , or
of a parent , alleged parent or guardian
who does not have physical custody of the child , shall take such action as is necessary to
establish parentage of the child and locate and take legal action, including
the establishment or adjustment of an obligation of support, against a [parent] person who has a duty to
support the child when requested to do so by the [custodial]
parent , alleged parent or
guardian or a public agency which provides assistance to the
parent , alleged parent, guardian
or child. If the court for cause transfers the action to another county, the
clerk of the receiving court shall notify the district attorney of that county,
and that district attorney shall proceed to prosecute the cause of action and
take such further action as is necessary to establish parentage and to
establish or adjust the obligation of support and to enforce the payment of
support pursuant to this chapter or chapter 31A, 126, 130 or 425 of NRS.

2. In a county where the
district attorney has deputies to aid him in the performance of his duties, the
district attorney shall designate himself or a particular deputy as responsible
for performing the duties imposed by subsection 1.

3. Except as otherwise
provided in NRS 126.101, the district attorney and his deputies do not
represent the parent , alleged
parent, guardian or [the]
child in the performance of their duties pursuant to this chapter and chapter 31A, 126, 130 or 425 of NRS, but are rendering a public
service as representatives of the state.

chapter 31A, 126, 130 or 425 of
NRS, but are rendering a public service as representatives of the state.

4. Officials of the welfare
division of the department of human resources are entitled to access to the
information obtained by the district attorney if that information is relevant
to the performance of their duties. The district attorney or his deputy shall
inform each person who provides information pursuant to this section concerning
the limitations on the confidentiality between lawyer and client under these
circumstances.

5. Disclosures of criminal
activity by a parent or child are not confidential.

6. The district attorney shall
inform each parent who applies for his assistance in this regard that a
procedure is available to collect unpaid support from any refund owed to the
parent who has a duty to support the child because an excessive amount of money
was withheld to pay his federal income tax. The district attorney shall submit
to the welfare division all documents and information it requires to pursue
such a collection if:

(a) The applicant is not
receiving public assistance.

(b) The district attorney has
in his records:

(1) A copy of the order
of support for a child and any modifications of the order which specify their
date of issuance and the amount of the ordered support;

(2) A copy of a record of
payments received or, if no such record is available, an affidavit signed by
the custodial parent attesting to the amount of support owed; and

(3) The current address
of the custodial parent.

(c) From the records in his
possession, the district attorney has reason to believe that the amount of
unpaid support is not less than $500.

Before submitting the documents
and information to the welfare division, the district attorney shall verify the
accuracy of the documents submitted relating to the amount claimed as unpaid
support and the name and social security number of the parent who has a duty to
support the child. If the district attorney has verified this information
previously, he need not reverify it before submitting it to the welfare
division.

7. The welfare division shall
adopt such regulations as are necessary to carry out the provisions of
subsection 6.

Sec.
4. NRS 126.101 is hereby amended to read as follows:

126.1011. The child must be made a party to the
action. If he is a minor, he must be represented by his general guardian or a
guardian ad litem appointed by the court. The childs mother or father may not
represent the child as guardian or otherwise. If a district attorney brings an
action pursuant to NRS 125B.150[,] and the interests of the child:

(a) Are adequately represented by the appointment of the
district attorney as his guardian ad litem, the district attorney
shall act as guardian ad litem for the child without the need for court
appointment . [,
if the interests of the child are adequately represented by the appointment of
the district attorney. If the interests of the child are]

(b) Are not adequately represented by the
appointment[,] of the district attorney as his
guardian ad litem, the welfare division of the department of
human resources must be appointed as guardian ad litem in the case.

2. The natural mother and a
man presumed to be the father under NRS 126.051 must be made parties, but if
more than one man is presumed to be the natural father, only a man presumed
pursuant to subsection 2 of NRS 126.051 is an indispensable party. Any other
presumed or alleged father may be made a party.

3. The court may align the
parties.

________

CHAPTER 170, AB 249

Assembly
Bill No. 249Committee on Health and Human Services

CHAPTER 170

AN ACT relating to Medicaid; amending the provisions
governing the recovery of assets pursuant to the Medicaid estate recovery
program; and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. Chapter 422 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. Except as otherwise provided in this
section, the welfare division shall, to the extent that it is not prohibited by
federal law, recover from a recipient of public assistance, the estate of the
recipient, the undivided estate of a recipient of Medicaid or a person who
signed the application for public assistance on behalf of the recipient an
amount not to exceed the amount of public assistance incorrectly paid to the
recipient, if the person who signed the application:

(a) Failed to report any required
information to the welfare division that the person knew at the time he signed
the application; or

(b) Failed to report to the welfare
division within the period allowed by the welfare division any required
information that the person obtained after he filed the application.

2. Except as otherwise provided in
this section, a recipient of incorrectly paid public assistance, the undivided
estate of a recipient of Medicaid or a person who signed the application for
public benefits on behalf of the recipient shall reimburse the division or
appropriate state agency for the value of the incorrectly paid public
assistance.

3. The administrator or his
designee may, to the extent that it is not prohibited by federal law, determine
the amount of, and settle, adjust, compromise or deny a claim against a
recipient of public assistance, the estate of the recipient, the undivided
estate of a recipient of Medicaid or a person who signed the application for
public assistance on behalf of the recipient.

4. The administrator may, to the extent
that it is not prohibited by federal law, waive the repayment of public
assistance incorrectly paid to a recipient if the incorrect payment was not the
result of an intentional misrepresentation or omission by the recipient and if
repayment would cause an undue hardship to the recipient. The administrator
shall, by regulation, establish the terms
and conditions of such a waiver, including, without limitation, the
circumstances that constitute undue hardship.

regulation, establish the terms and
conditions of such a waiver, including, without limitation, the circumstances
that constitute undue hardship.

Sec.
2. NRS 422.054 is hereby amended to read as follows:

422.054Undivided estate means all real and personal property and other
assets included in the estate of a deceased recipient of Medicaid and any other
real and personal property and
other assets in or to which he had an interest or legal title immediately before or at
the time of his death, to the extent of that interest or title. The term
includes , without limitation, assets
[passing by reason of joint tenancy, reserved life estate,
survivorship or trust, and] conveyed to a survivor, heir or assign
of the deceased recipient through joint tenancy, tenancy in common,
survivorship, life estate, living trust or other arrangement, including,
without limitation, any of the decedents separate property and his
interest in community property that was transferred to a community spouse
pursuant to NRS 123.259 or pursuant to an order of a district court under any
other provision of law.

Sec.
3. NRS 422.2935 is hereby amended to read as follows:

422.29351. Except as otherwise provided in this
section[,
the welfare division shall,]and to the extent it is not prohibited by
federal law and when circumstances allow[:

[(1)] (a) The undivided estate
of the person who received those benefits; and

[(2)] (b) Any recipient of
money or property from the undivided estate of the person who received those
benefits.

[(b) Recover from the
recipient of Medicaid or the person who signed the application for Medicaid on
behalf of the recipient an amount not to exceed the benefits incorrectly paid
to the recipient if the person who signed the application:

(1) Failed to report any required information to the
welfare division which he knew at the time he signed the application; or

(2) Failed within the period allowed by the welfare
division to report any required information to the welfare division which he
obtained after he filed the application.]

2. The welfare division shall
not recover benefits pursuant to [paragraph (a) of]
subsection 1, except from a person who is neither a surviving spouse nor a
child, until after the death of the surviving spouse, if any, and only at a
time when the person who received the benefits has no surviving child who is
under 21 years of age or is blind or permanently and totally disabled.

3. Except as otherwise
provided by federal law, if a transfer of real or personal property by a
recipient of Medicaid is made for less than fair market value, the welfare
division may pursue any remedy available pursuant to chapter 112 of NRS with
respect to the transfer.

4. The amount of Medicaid
paid to or on behalf of a person is a claim against the estate in any probate
proceeding only at a time when there is no surviving spouse or surviving child
who is under 21 years of age or is blind or permanently and totally disabled.

5. The administrator may
elect not to file a claim against the estate of a recipient of Medicaid or his
spouse if he determines that the filing of the claim will
cause an undue hardship for the spouse or other survivors of the recipient.

claim will cause an undue hardship
for the spouse or other survivors of the recipient. The administrator shall
adopt regulations defining the circumstances that constitute an undue hardship.

6. Any recovery of money
obtained pursuant to this section must be applied first to the cost of
recovering the money. Any remaining money must be divided among the Federal
Government, the department and the county in the proportion that the amount of
assistance each contributed to the recipient bears to the total amount of the assistance
contributed.

7. [An action to recover
money owed to the department of human resources as a result of the payment of
benefits for Medicaid must be commenced within 6 months after the cause of
action accrues. A cause of action accrues after all of the following events
have occurred:

(a) The death of the recipient of Medicaid;

(b) The death of the surviving spouse of the recipient of
Medicaid;

(c) The death of all children of the recipient of Medicaid
who are blind or permanently and totally disabled as determined in accordance
with 42 U.S.C. § 1382c; and

(d) The arrival of all other children of the recipient of
Medicaid at the age of 21 years.] Any recovery by the welfare division from the undivided
estate of a recipient pursuant to this section must be paid in cash to the
extent of:

(a) The amount of Medicaid paid to or on behalf of the
recipient after October 1, 1993; or

(b) The value of the remaining assets in the undivided
estate,

whichever is less.

Sec.
4. NRS 422.29355 is hereby amended to read as follows:

422.293551. The welfare division may, to the extent
not prohibited by federal law, petition for the imposition of a lien pursuant
to the provisions of NRS 108.850 against real or personal property of a
recipient of Medicaid as follows:

(a) The welfare division may
obtain a lien against a recipients property, both real or personal, before or
after his death in the amount of assistance paid or to be paid on his behalf if
the court determines that assistance was incorrectly paid for the recipient.

(b) The welfare division may
seek a lien against the real property of a recipient at any age before his
death in the amount of assistance paid or to be paid for him if he is an
inpatient in a nursing facility, intermediate care facility for the mentally
retarded or other medical institution and the welfare division determines,
after notice and opportunity for a hearing in accordance with its regulations,
that he cannot reasonably be expected to be discharged and return home.

2. No lien may be placed on a
recipients home pursuant to
paragraph (b) of subsection 1 for assistance correctly paid if:

(a) His spouse;

(b) His child who is under 21
years of age or blind or permanently and totally disabled as determined in
accordance with 42 U.S.C. § 1382c; or

(c) His brother or sister who
is an owner or part owner of the home and who was residing in the home for at
least 1 year immediately before the date the recipient was admitted to the
medical institution,

3. Upon the death of a
recipient the welfare division may seek a lien upon his undivided estate as
defined in NRS 422.054.

4. The state welfare
administrator shall release a lien pursuant to this section:

(a) Upon notice by the
recipient or his representative to the administrator that the recipient has
been discharged from the medical institution and has returned home;

(b) If the lien was
incorrectly determined; or

(c) Upon satisfaction of the
welfare divisions claim.

Sec.
5. NRS 147.070 is hereby amended to read as follows:

147.0701. Every claim
for an amount of $250 or more filed with the clerk must be supported by the
affidavit of the claimant that:

(a) The amount is justly due
(or if the claim is not yet due, that the amount is a just demand and will be
due on the ..... day of ........).

(b) No payments have been made
thereon which are not credited.

(c) There are no offsets to
the amount demanded to the knowledge of the claimant or other affiant.

2. Every claim filed with the
clerk must contain the mailing address of the claimant. Any written notice
mailed by an executor or administrator to the claimant at the address furnished
is proper notice.

3. When the affidavit is made
by any other person than the claimant, the reasons why it is not made by the
claimant must be set forth in the affidavit.

4. The oath may be taken
before any person authorized to administer oaths.

5. The amount of interest
must be computed and included in the statement of the claim and the rate of
interest determined.

6. [The] Except as otherwise provided in
subsection 7, the court may, in its discretion, for good cause
shown, allow a defective claim or affidavit to be corrected or amended on
application made at any time before the filing of the final account.

7. The court shall allow the welfare division of the
department of human resources to amend at any time before the filing of the
final account a claim for the payment of benefits for Medicaid that the
division identifies after the original claim has been filed.

Sec.
6. NRS 147.110 is hereby amended to read as follows:

147.1101. Within 15 days after the time for filing
claims has expired, as provided in this chapter, the executor or administrator
shall examine all claims filed and shall either endorse on each claim his
allowance or rejection, with the day and the year thereof, or shall file a
notice of allowance or rejection with the date and the year thereof, and such
notice of allowance or rejection shall be attached to the claim allowed or
rejected.

2. Within 5 days after the 15
days specified in subsection 1, the executor or administrator shall present all
claims allowed by him to the district judge for his approval or rejection.

3. If an executor or
administrator [shall refuse or neglect] refuses or neglects to
endorse on a claim his allowance or rejection within 15 days, as specified in
this section, or [shall] does not file a notice of allowance or
rejection, the claim shall be deemed rejected, but the executor or administrator may, nevertheless, allow the claim at any time
before the filing of the final account.

administrator may, nevertheless,
allow the claim at any time before the filing of the final account.

4. If a claim is deemed rejected
pursuant to subsection 3, the executor or administrator must, not more than 10
days after the rejection, provide written notice of the rejection by registered
mail to all affected creditors.

________

CHAPTER 171, AB 254

Assembly Bill No. 254Committee on
Government Affairs

CHAPTER 171

AN ACT relating to the incorporation of cities;
deleting certain requirements for the incorporation of cities by general law;
and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 266.017 is hereby amended to read as follows:

266.017The area to be included in a city proposed
to be incorporated pursuant to NRS 266.016 to 266.0445, inclusive, must:

1. Be currently used or
suitable for residential, commercial, industrial or governmental purposes.

2. Be contiguous and urban in
character, and include all contiguous area used for residential purposes.

3. [Have] In a county whose population is 100,000
or more, have an average population density which is:

(a) Not less than four persons
per acre if the proposed city is within 7 miles of the county seat; or

(b) At least equal to the
density of any city that is within 7 miles of the proposed boundaries, if the
proposed city is not within 7 miles of the county seat.

If the area proposed to be
included in the city is more than 7 miles away from the county seat and more
than 7 miles away from any existing city, there is no requirement concerning
density of population.

4. Not include any portion of
a parcel of privately owned real property that has not been subdivided and is
100 acres or more in area without the written consent of the owner.

5. Not include any area
within the boundaries of an existing incorporated city.

6. If the area of a city
proposed to be incorporated is
located in a county whose population is 100,000 or more and
includes the area of any unincorporated town, include the entire area of the
unincorporated town.

Sec.
2. NRS 266.0285 is hereby amended to read as follows:

266.02851. To determine the advisability of
incorporation and the feasibility of the proposed city, the board of county
commissioners shall consider the following factors with regard to the area
proposed to be incorporated:

(a) Its population and , if the area is located in a county
whose population is 100,000 or more, the density of population;

(b) The land area, land uses,
topography, natural boundaries and drainage basin;

(c) The extent to which the
area is devoted to agriculture, mineral production or other uses that may not
require significant improvements to the property;

(d) The extent of commercial
and industrial development;

(e) The extent and age of
residential development;

(f) The comparative size and
assessed value of subdivided land and unsubdivided land;

(g) Current and potential
issues concerning transportation;

(h) Past expansion of
population and construction;

(i) The likelihood of
significant growth in the area and in adjacent incorporated and unincorporated
areas during the next 10 years;

(j) The present cost, method
and adequacy of regulatory controls and governmental service, including, but
not limited to, water and sewer service, fire rating and protection, police
protection, improvement and maintenance of streets, administrative services and
recreational facilities in the area and the future need for such services and
controls;

(k) The present and projected
revenues for the county and the proposed city;

(l) The probable effect of
incorporation on revenues and services in the county and local governments in
adjacent areas;

(m) The probable effect of the
proposed incorporation and of any alternatives to incorporation on the social,
economic and governmental structure of the affected county and adjacent areas;

(n) The probable effect of the
proposed incorporation and of any alternatives to incorporation on the availability
and requirement of water and other natural resources; and

(o) Any determination by a
governmental agency that the area is suitable for residential, commercial or
industrial development, or that the area will be opened to private acquisition.

2. If the area proposed to be
incorporated is within 5 miles of an existing city, in addition to the factors
listed in subsection 1, the board of county commissioners shall consider:

(a) The size and population of
the existing city;

(b) Growth in population and
commercial and industrial development in the existing city during the past 10
years;

(c) Any extension of the
boundaries of the existing city during the past 10 years;

(d) The probability of growth
of the existing city toward the area proposed to be incorporated in the next 10
years, considering natural barriers and other factors that might influence such
growth; and

(e) The willingness of the
existing city to annex the area proposed for incorporation and to provide
services to the area.

(a) The recommendations of any
commission, agency, district or member of the public who submits a written
report;

(b) Testimony from any person
who testifies at a hearing; and

(c)
Existing petitions for annexation of any part of the area.

________

CHAPTER 172, AB 255

Assembly
Bill No. 255Committee on Government Affairs

CHAPTER 172

AN ACT relating to state financial administration;
requiring biennial reporting by the director of the department of
administration on the status of internal accounting and administrative controls
in certain state agencies; and providing other matters properly relating
thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 353A.025 is hereby amended to read as follows:

353A.0251. The head of each agency shall
periodically review the agencys system of internal accounting and
administrative control to determine whether it is in compliance with the
uniform system of internal accounting and administrative control for agencies
adopted pursuant to subsection 1 of NRS 353A.020.

2. On or before July 1 of
each even-numbered year, the head of each agency shall report to the director
whether the agencys system of internal accounting and administrative control
is in compliance with the uniform system adopted pursuant to subsection 1 of
NRS 353A.020. The reports must be made available for inspection by the members
of the legislature.

3. The director shall, on or before
the first Monday in February of each odd-numbered year, submit a report on the
status of internal accounting and administrative controls in agencies to the:

(a) Director of the legislative
counsel bureau for transmittal to the:

(1) Senate standing committee
on finance; and

(2) Assembly standing committee
on ways and means;

(b) Governor; and

(c) Legislative auditor.

4. The report submitted by the
director pursuant to subsection 3 must include, without limitation:

(a) The identification of each
agency that has not complied with the requirements of subsections 1 and 2;

(b) The identification of each
agency that does not have an effective method for reviewing its system of
internal accounting and administrative control; and

(c) The identification of each
agency that has weaknesses in its system of internal accounting and
administrative control, and the extent and types of such weaknesses.

________

κ1999
Statutes of Nevada, Page 883κ

CHAPTER 173, AB 260

Assembly Bill No. 260Committee on Government Affairs

CHAPTER 173

AN ACT relating to ethics in government; revising the
definition of public officer to exclude a county health officer; and
providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 281.4365 is hereby amended to read as follows:

281.43651. Public officer means a person elected
or appointed to a position which is established by the constitution of the
State of Nevada, a statute of this state or an ordinance of any of its counties
or incorporated cities and which involves the exercise of a public power, trust
or duty. As used in this section, the exercise of a public power, trust or
duty includes:

(a) Actions taken in an
official capacity which involve a substantial and material exercise of
administrative discretion in the formulation of public policy;

(b) The expenditure of public
money; and

(c) The enforcement of laws
and rules of the state, a county or a city.

2. Public officer does not
include:

(a) Any justice, judge or
other officer of the court system;

(b) A commissioner of deeds;

(c) Any member of a board,
commission or other body whose function is advisory; [or]

(d) Any member of a board of
trustees for a general improvement district or special district whose official
duties do not include the formulation of a budget for the district or the
authorization of the expenditure of the districts money[.] ; or

(e) A county health officer appointed pursuant to NRS
439.290.

Sec.
2. This act becomes effective upon passage and approval.

________

κ1999
Statutes of Nevada, Page 884κ

CHAPTER 174, AB 414

Assembly Bill No. 414Committee on
Government Affairs

CHAPTER 174

AN ACT relating to county recorders; increasing the fee
charged by a county recorder for certifying a document; prohibiting the
recording of certain documents that do not contain certain information;
revising the manner in which the county recorder provides the welfare division
of the department of human resources with information contained in an affidavit
of death; and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 247.305 is hereby amended to read as follows:

247.3051. If another statute specifies the fee to
be charged for a service, county recorders shall charge and collect only the
fee specified. Otherwise county recorders shall charge and collect the
following fees:

For recording
any document, for the first page.................................................................................................................... $7

For each additional
page........................................................................................................................................................ 1

For recording
each portion of a document which must be separately indexed, after the first
indexing...................... 3

For copying
any record, for each page..................................................................................................................................... 1

For certifying,
including certificate and seal[,
for the first seal........................................................................................... 3

For each additional seal..................................................................................................................................................... 1] 4

For a
certified copy of a certificate of marriage..................................................................................................................... 7

For a
certified abstract of a certificate of marriage............................................................................................................... 7

2. Except as otherwise
provided in subsection 3, a county recorder shall not charge or collect any
fees for any of the services specified in this section when rendered by him to:

(a) The county in which his
office is located.

(b) The State of Nevada or any
city or town within the county in which his office is located, if the document
being recorded:

(1) Conveys to the state,
or to that city or town, an interest in land;

(2) Is a mortgage or deed
of trust upon lands within the county which names the state or that city or
town as beneficiary;

(3) Imposes a lien in
favor of the state or that city or town; or

(4) Is a notice of the
pendency of an action in eminent domain filed by the state pursuant to NRS
37.060.

3. A county recorder shall
charge and collect the fees specified in this section for copying of any
document at the request of the State of Nevada, and any city or town within the
county. For copying, and for his certificate and seal upon the copy, the county
recorder shall charge the regular fee.

4. For purposes of this
section, State of Nevada, county, city and town include any department
or agency thereof and any officer thereof in his official capacity.

5. Except as otherwise
provided by an ordinance adopted pursuant to the provisions of NRS 244.207,
county recorders shall, on or before the fifth working day of each month,
account for and pay to the county treasurer all such fees collected during the
preceding month.

Sec.
2. NRS 111.312 is hereby amended to read as follows:

111.3121. The county recorder shall not record with respect to real property, a notice
of completion, a declaration of homestead, a lien or notice of lien, an affidavit
of death, a mortgage or deed of trust, or any conveyance of real
property or instrument in writing setting forth an agreement to convey real
property unless [it contains] the document being recorded contains:

(a) The mailing address of the grantee or, if there is no grantee, the mailing
address of the person who is requesting the recording of the document; and
[the]

(b) The assessors parcel number of the
property[,]at the top of the first page of
the document, if the county assessor has assigned a parcel number
to the property. The county recorder is not required to verify that the
assessors parcel number is correct.

2. The assessors parcel
number shall not be deemed to be a complete legal description of the real
property conveyed.

Sec.
3. NRS 111.365 is hereby amended to read as follows:

111.3651. In the case of real property owned by
two or more persons as joint tenants or as community property with right of
survivorship, it is presumed that all title or interest in and to that real property
of each of one or more deceased joint tenants or the deceased spouse has
terminated, and vested solely in the surviving joint tenant or spouse or vested
jointly in the surviving joint tenants, if there has been recorded in the
office of the recorder of the county or counties in which the real property is
situate an affidavit, subscribed and sworn to by a person who has knowledge of
the facts required in this subsection, which sets forth the following:

(a) The family relationship,
if any, of the affiant to each deceased joint tenant or the deceased spouse;

(b) A description of the
instrument or conveyance by which the joint tenancy or right of survivorship
was created;

(c) A description of the
property subject to the joint tenancy or right of survivorship; and

(d) The date and place of
death of each deceased joint tenant or the deceased spouse.

2.
[The]Each month, a county
recorder shall send [a copy of the affidavit] all the information contained in each
affidavit received by him pursuant to subsection 1 during the immediately
preceding month to the welfare division of the department of
human resources [by certified mail, return receipt requested, postage prepaid,
within 3 days after the affidavit is recorded.] in any format and by any medium approved
by the welfare division.

________

κ1999
Statutes of Nevada, Page 886κ

CHAPTER 175, AB 425

Assembly
Bill No. 425Assemblywoman Von Tobel

CHAPTER 175

AN ACT relating to the Moapa Valley Water District; expanding
the jurisdiction and service area of the district; reducing the size of the
governing board of the district; clarifying the length of the terms of the
members of the governing board; revising the provisions governing the filling
of a vacancy on the governing board; eliminating certain obsolete provisions;
and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.There is hereby created a political subdivision of
this state to be known as the Moapa Valley Water District. The jurisdiction
and service area of the district are all that real property located in Clark
County, Nevada, described as follows:

Sec. 4.All powers, duties and privileges of the Moapa Valley
Water District must be exercised and performed by the governing board of the
district. Except as otherwise provided in [this section,]section 5 of this chapter, the
board consists of [seven]five members elected as prescribed in this
act. [The first board consists of the respective members of the
governing boards of the Moapa Valley Water Company and Overton Water District
sitting upon the effective date of this act. The members of the first board
shall convene within 30 days after the effective date of this act to commence
and continue operation of the district until election of their successors in
conjunction with the Clark County general election in 1984.]
A simple majority of the members of the [first]
board constitutes a quorum. The vote of a simple majority of the quorum is
required [in order] to take action.

Sec.
3. Section 5 of chapter 477, Statutes of Nevada 1983, as amended by
chapter 608, Statutes of Nevada 1987, at page 1457, is hereby amended to read
as follows:

Sec. 5.1. [Except for members of the first board,]The members of the board[, in the manner provided
in this section,] must be elected at
a general district election held in conjunction with the general election of
Clark County .

be elected at
a general district election held in conjunction with the general election of
Clark County . [in
1984 and with each such general election every 2 years thereafter. Each member
must reside in the portion of the service area which he represents and must be
elected by a plurality of the registered voters of the election area.] Except as otherwise provided in section
6 of this chapter, each member of the board shall serve a term of 4 years.

2. Except
as otherwise provided
in subsection 4, the election areas for the district must be the election
precincts of Moapa-Glendale, Logandale and Overton.

3. At
the general district election next preceding the expiration of the terms of office of [the]
members of the board, [and at each such election in every 4th year thereafter,]
there must be elected respective members of the board representing the election
areas of the district.

4. The board shall adjust the number
of representatives [and]or election areas , or both, of the district [must
be adjusted by the board] whenever necessary to [assure,]ensure, as nearly as
practicable, equal representation upon the board for all registered voters
residing within the service area.

Sec. 6.1. [Except as otherwise provided in sections 4 and 5 of this act,
each]Each member
of the board must:

(a) Reside
in the election area represented for at least 6 months before the election at
which the member is elected;

(b) Be a
qualified elector of the election area represented; and

(c) [Be
elected by the qualified electors of the election area represented; and

(d)] Take office
upon qualification therefor as provided in subsection 2, or on the 1st Monday
in January next following the members election, whichever is later, and leave
office upon the 1st Monday in January next following the election of the
members successor in office.

2. Before
taking office, each member of the board must qualify by filing with the clerk
of Clark County:

(a) An
oath of office taken and subscribed in the manner prescribed by the clerk; and

(b) A
corporate surety bond, at the expense of the district, in an amount determined
by the clerk, but no greater than $10,000, which bond must guarantee the
faithful performance of the duties of the member.

3. A
vacancy on the board must be filled by an appointment [of]made by the remaining
members of the board. The person so appointed must be a resident and elector of
the election area represented, and, before taking office, qualify in the manner
prescribed in subsection 2. The person shall serve [the remainder]until the first Monday in January
following the next general district election. If that general district election
precedes the expiration of the term of the member whose absence
required [his appointment.]the
appointment, the balance of that term must be filled at that general district
election in the same manner as prescribed for the election of other members of
the board.

the appointment, the balance of that
term must be filled at that general district election in the same manner as
prescribed for the election of other members of the board. If the
board fails, neglects or refuses to fill a vacancy within 30 days after a
vacancy occurs, the board of county commissioners of Clark County shall fill
the vacancy.

(a) Choose
one of its members chairman of the board and president of the district, and prescribe the term of
office[,]
and the powers and duties thereof.

(b) Fix
the time and place at which its regular meetings must be held and provide for
the calling and conduct of special meetings.

(c) Fix
the location of the principal place of business of the district.

(d) Elect
a secretary-treasurer of the board and the district, who may or may not be a
member of the board.

(e) Appoint
a general manager , who
must not be a member of the board.

(f) Delegate
and redelegate to officers of the agency the power to employ necessary
executives, clerical workers, engineering assistants and laborers, and retain
legal, accounting or engineering services, subject to such conditions and
restrictions as may be imposed by the board.

(g) Prescribe
the powers, duties, compensation and benefits of all officers and employees of
the district, and require all bonds necessary to protect the [funds]money and other property of the
district.

(h) Take
all actions and do all things reasonably and lawfully necessary [in
order] to conduct the business of the district and achieve
the purpose of this act.

2. [Except
as otherwise provided for the first board, no]No regular or special
meeting of the board may commence or continue unless a quorum of at least [four]three members is
present. A majority vote of the quorum present is required to take action with
respect to any matter.

3. Members
of the board serve without compensation, except that they are entitled to
reasonable per diem and travel expenses, set by the board, for attendance at
meetings and [conduct of]conducting other business of the district . [business.]

Sec.
6. Notwithstanding the amendatory provisions of section 2 of this act, the
members of the governing board of the Moapa Valley Water District on July 1,
1999, may serve the remainder of their respective current terms. The seats of
two of the members of the governing board of the Moapa Valley Water District
whose terms expire on the first Monday in January 2001, must not be filled at
the general district election held in 2000. The governing board shall determine
the two seats that will not be filled.

Sec.
7. This act becomes effective on July 1, 1999.

________

κ1999
Statutes of Nevada, Page 889κ

CHAPTER 176, AB 445

Assembly Bill No. 445Committee on
Government Affairs

CHAPTER 176

AN ACT relating to purchasing by local governments;
exempting contracts for the purchase of computer hardware and associated
peripheral equipment and devices from the requirements for competitive bidding
set forth in the Local Government Purchasing Act; and providing other matters
properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 332.115 is hereby amended to read as follows:

332.1151.
Contracts which by their nature are not adapted to award by competitive
bidding, including contracts for:

(a) Items which may only be
contracted from a sole source;

(b) Professional services;

(c) Additions to and repairs
and maintenance of equipment which may be more efficiently added to, repaired
or maintained by a certain person;

(d) Equipment which, by reason
of the training of the personnel or of an inventory of replacement parts
maintained by the local government is compatible with existing equipment;

(e) Purchases of perishable
goods by a county or district hospital;

(f) Insurance;

(g) Hardware and associated peripheral equipment and devices for
computers;

(h) Software for computers;

[(h)](i) Books, library
materials and subscriptions;

[(i)](j) Motor vehicle
fuel purchased by a local law enforcement agency for use in an undercover
investigation;

[(j)](k) Motor vehicle
fuel for use in a vehicle operated by a local law enforcement agency or local
fire department if such fuel is not available within the vehicles assigned
service area from a fueling station owned by the State of Nevada or a local
government;

[(k)](l) Purchases made
with money in a store fund for prisoners in a jail or local detention facility
for the provision and maintenance of a canteen for the prisoners; and

[(l)](m) Supplies,
materials or equipment that are available from the General Services
Administration or another governmental agency in the regular course of its
business,

are not subject to the
requirements of this chapter for competitive bidding as determined by the
governing body or its authorized representative.

2. The purchase of equipment
for use by a local law enforcement agency in the course of an undercover
investigation is not subject to the requirements of this chapter for
competitive bidding if:

(a) The equipment is an
electronic or mechanical device which by design is intended to monitor and
document in a clandestine manner suspected criminal activity; and

(b) Purchasing the equipment
pursuant to such requirements would limit or compromise the use of such
equipment by an agency authorized to conduct such investigations.

3. The governing body of a
hospital required to comply with the provisions of this chapter, or its
authorized representative, may purchase goods commonly used by the hospital,
under a contract properly awarded pursuant to NRS 332.065, without additional
competitive bidding even if at the time the contract was awarded:

(a) The vendor supplying such
goods to the person awarded the contract was not identified as a supplier to be
used by the person awarded the contract; or

(b) The vendor was identified
as a supplier but was not identified as the supplier of such goods.

The governing body of the hospital
shall make available for public inspection each such contract and records
related to those purchases.

4. Except in cases of
emergency, at least 60 days before the expiration of an existing contract for
insurance in which the local government is the insured, the governing body
shall cause to be given, by advertising or in another manner deemed adequate
and desirable by the governing body, notice of the date the contract for
insurance expires.

5. Nothing in this section
prohibits a governing body or its authorized representative from advertising
for or requesting bids.

AN ACT relating to the division of minerals of the
department of business and industry; requiring the commission on mineral
resources to adopt regulations establishing the amount of certain fees imposed
for the support of the division and for certain programs of the division; and
providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 513.094 is hereby
amended to read as follows:

513.0941. An additional fee [of $1 per claim], in an amount established
pursuant to subsection 4, is imposed upon all filings to which
NRS 517.185 applies. Each county recorder shall collect and pay over the additional
fee, and the additional fee must be deposited in the same manner as provided in
that section.

2.
The administrator shall, within the limits of the money provided by this fee,
establish a program to discover dangerous conditions that result from mining
practices which took place at a mine that is no longer operating, identify if
feasible the owner or other person responsible for the condition, and rank the
conditions found in descending order of danger. [He]The administrator shall
annually during the month of January, or more often if the
danger discovered warrants, inform each board of county commissioners
concerning the dangerous conditions found in the respective counties, including
their degree of danger relative to one another and to such conditions found in
the state as a whole.

the
danger discovered warrants, inform each board of county commissioners concerning
the dangerous conditions found in the respective counties, including their
degree of danger relative to one another and to such conditions found in the
state as a whole. [He shall further]In addition, the administrator shall work to
educate the public to recognize and avoid those hazards resulting from mining
practices which took place at a mine that is no longer operating.

3.
To carry out this program and these duties, the administrator shall employ a
qualified assistant, who must be in the unclassified service of the state and
whose position is in addition to the unclassified positions otherwise
authorized in the division by statute.

4.
The commission shall [provide]establish by regulation:

(a)
The fee required pursuant to
subsection 1, in an amount not to exceed $4 per claim.

(b) Standards for
determining which conditions created by the abandonment of a former mine or its
associated works constitute a danger to persons or animals and for determining
the relative degree of danger. A condition whose existence violates a federal
or state statute or regulation intended to protect public health or safety is a
danger by virtue of that violation.

[(b)] (c) Standards for abating
the kinds of dangers usually found, including, but not limited to, standards
for excluding persons and animals from dangerous open excavations.

Sec.
2. NRS 517.185 is hereby amended to read as follows:

517.1851. In addition to any
recording fee, each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140,
517.170, 517.200 and 517.230 must be submitted with a filing fee [of $1.50 per claim.]in an amount established pursuant
to subsection 2. The county recorder shall collect the filing fee and, on or
before the fifth working day of each month, deposit with the county treasurer
all such fees collected during the preceding month. The county treasurer shall
quarterly pay the money collected to the division of minerals of the department
of business and industry. The division shall deposit with the state treasurer,
for credit to the account for the division of minerals, all money received
pursuant to this section.

2. The commission on mineral resources shall, by
regulation, establish the filing fee required pursuant to subsection 1 in an
amount not to exceed $6 per claim.

Sec.
3. NRS 519A.250 is hereby amended to read as follows:

519A.250
1. An operator who is required by federal law to
file a plan of operation or an amended plan of operation with the United States
Bureau of Land Management or the United States Forest Service for operations
relating to mining or exploration on public land administered by a federal
agency, shall, not later than 30 days after approval of the plan or amended
plan, provide the division of minerals of the department of business and
industry with a copy of the filing and pay to the division of minerals a fee [of
$20] in an
amount established pursuant to subsection 5 for each acre or part
of an acre of land to be disturbed by mining included in the plan or
incremental acres to be disturbed pursuant to an amended plan.

2.
The division of minerals shall adopt by regulation a method of refunding a
portion of the fee required by this section if a plan of operation is amended
to reduce the number of acres or part of an acre to be disturbed pursuant to
the amended plan. The refund must be based on the reduced number of acres or
part of an acre to be disturbed.

3.
All money received by the division of minerals pursuant to subsection 1 must
be accounted for separately and used by the division of minerals to create and
administer programs for:

(a)
The abatement of hazardous conditions existing at abandoned mine sites which
have been identified and ranked pursuant to the degree of hazard established by
regulations adopted by the division of minerals; and

(b)
The education of the public concerning the dangers of the hazardous conditions
described in paragraph (a).

All
interest and income earned on the money in the account, after deducting
applicable charges, must be deposited in the account for the division of
minerals.

4.
On or before February 1 of each odd-numbered year, the division of minerals
shall file a report with the governor and the legislature describing its
activities, total revenues and expenditures pursuant to this section.

5. The commission on mineral resources
shall, by regulation, establish the fee required pursuant to subsection 1 in an
amount not to exceed $30 per acre.

Sec.
4. NRS 522.050 is hereby amended to read as follows:

522.0501. A
person desiring to drill a well in search of oil or gas shall notify the
division of that intent on a form prescribed by the division and shall pay a
fee [of $50] in an amount established pursuant to subsection 2
for a permit for each well. Upon receipt of notification and fee, the division
shall promptly issue such a person a permit to drill, unless the drilling of
the well is contrary to law or a regulation or order of the division. The
drilling of a well is prohibited until a permit to drill is obtained in
accordance with the provisions of this chapter.

2. The commission on mineral
resources shall, by regulation, establish the fee required pursuant to subsection
1 in an amount not to exceed $200 per permit.

Sec.
5. NRS 522.150 is hereby amended to read as follows:

522.1501.
Any expenses in connection with Nevadas affiliation with the Interstate Oil
Compact Commission must be paid from the account for the division of minerals.

2.
To pay the expenses of the division, every producer of oil or natural gas in
this state shall on or before the last day of each month report to the division
and to the state treasurer his production in this state of oil in barrels and
of natural gas in thousands of cubic feet during the preceding month, and at
the same time shall pay to the division an administrative fee in an amount established pursuant to
subsection 3 on each barrel of oil and on every 50,000 cubic feet
of natural gas produced and marketed by him during the preceding month. The
division shall deposit with the state treasurer, for credit to the account for
the division of minerals, all money received pursuant to this subsection. Every
person purchasing such oil or natural gas is liable for the payment of the
administrative fee per barrel of oil or per 50,000 cubic feet
of natural gas, unless it has been paid by the producer.

feet
of natural gas, unless it has been paid by the producer.[The administrative fee is
50 mills]

3. The commission on mineral resources shall, by
regulation, establish the administrative fee required pursuant to subsection 2
in an amount not to exceed 20 cents per barrel of oil or per
50,000 cubic feet of natural gas.

Sec.
6. Notwithstanding the amendatory provisions of sections 1 to 5,
inclusive, of this act, until the effective date of the regulations adopted by
the commission on mineral resources pursuant to those sections, the amount of:

1.
The fee required pursuant to NRS 513.094 is $1 per claim.

2.
The filing fee required pursuant to NRS 517.185 is $1.50 per claim.

3.
The fee required pursuant to NRS 519A.250 is $20 per acre.

4.
The fee required pursuant to NRS 522.050 is $50 per permit.

5.
The administrative fee required pursuant to NRS 522.150 is 50 mills per barrel
of oil or per 50,000 cubic feet of natural gas.

Sec. 7. This act
becomes effective on July 1, 1999.

________

CHAPTER 178, AB 461

Assembly Bill No. 461Committee on
Government Affairs

CHAPTER 178

AN ACT relating to land use planning; authorizing a
governing body or planning commission to consider certain criteria in determining
whether to approve, conditionally approve or disapprove a second or subsequent
parcel map with respect to certain tracts of land; authorizing a governing body
to extend the period for recording an approved parcel map; increasing the
amount that a governing body may set for the fee for filing a tentative map of
division into large parcels; and providing other matters properly relating
thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. NRS 278.464 is hereby amended to read as follows:

278.4641.
Except as otherwise provided in subsection 2, if there is a planning
commission, it shall:

(a) In a county whose
population is 40,000 or more, within 45 days; or

(b) In a county whose
population is less than 40,000, within 60 days,

after accepting as a complete
application a parcel map, recommend approval, conditional approval or
disapproval of the map in a written report. The planning commission shall
submit the parcel map and the written report to the governing body.

2. If the governing body has
authorized the planning commission to take final action on a parcel map, the
planning commission shall:

(a) In a county whose
population is 40,000 or more, within 45 days; or

(b) In a county whose
population is less than 40,000, within 60 days,

after accepting as a complete
application the parcel map, approve, conditionally approve or disapprove the
map. It shall file its written decision with the governing body. Unless the
time is extended by mutual agreement, if the planning commission is authorized
to take final action and it fails to take action within
the period specified in this subsection, the parcel map shall be deemed
approved.

action within the period specified
in this subsection, the parcel map shall be deemed approved.

3. If there is no planning
commission or if the governing body has not authorized the planning commission
to take final action, the governing body or, by authorization of the governing
body, the director of planning or other authorized person or agency shall:

(a) In a county whose
population is 40,000 or more, within 45 days; or

(b) In a county whose
population is less than 40,000, within 60 days,

after acceptance of the parcel map
as a complete application by the governing body pursuant to subsection 1 or
pursuant to subsection 2 of NRS 278.461, review and approve, conditionally
approve or disapprove the parcel map. Unless the time is extended by mutual
agreement, if the governing body, the director of planning or other authorized
person or agency fails to take action within the period specified in this subsection,
the parcel map shall be deemed approved.

4. Except as otherwise
provided in NRS 278.463, if unusual circumstances exist, a governing body or,
if authorized by the governing body, the planning commission may waive the
requirement for a parcel map. Before waiving the requirement for a parcel map,
a determination must be made by the county surveyor, city surveyor or
professional land surveyor appointed by the governing body that a survey is not
required. Unless the time is extended by mutual agreement, a request for a
waiver must be acted upon:

(a) In a county whose
population is 40,000 or more, within 45 days; or

(b) In a county whose
population is less than 40,000, within 60 days,

after the date of the request for
the waiver, or, in the absence of action, the waiver shall be deemed approved.

5. A governing body may consider or may, by ordinance,
authorize the consideration of the criteria set forth in subsection 3 of NRS
278.349 in determining whether to approve, conditionally approve or disapprove
a second or subsequent parcel map for land that has been divided by a parcel
map which was recorded within the 5 years immediately preceding the acceptance
of the second or subsequent parcel map as a complete application.

6. An applicant or other person aggrieved
by a decision of the governing bodys authorized representative or by a final
act of the planning commission may appeal to the governing body within a
reasonable period to be determined, by ordinance, by the governing body. The
governing body shall render its decision:

(a) In a county whose
population is 40,000 or more, within 45 days; or

(b) In a county whose
population is less than 40,000, within 60 days,

after the date the appeal is
filed.

[6.] 7. If a parcel map and
the associated division of land are approved or deemed approved pursuant to
this section, the approval must be noted on the map in the form of a
certificate attached thereto and executed by the clerk of the governing body,
the governing bodys designated representative or the chairman of the planning
commission.

278.4681. If a parcel map is approved or
deemed approved pursuant to NRS 278.464, the preparer of the map shall:

(a) Cause the approved map to
be recorded in the office of the county recorder within 1 year after the date
the map [met all conditions required for approval.] was approved or deemed approved, unless
the governing body establishes by ordinance a longer period, not to exceed 2
years, for recording the map. The map must be accompanied by a
written statement signed by the treasurer of the county in which the land to be
divided is located indicating that all property taxes on the land for the
fiscal year have been paid.

(b) Pay a $17 fee to the
county recorder for filing and indexing.

2.
Upon receipt of a parcel map, the county recorder shall file the map in a
suitable place. He shall keep proper indexes of parcel maps by the name of
grant, tract, subdivision or United States subdivision.

Sec.
3. NRS 278.4713 is hereby amended to read as follows:

278.47131.
Unless the filing of a tentative map is waived, a person who proposes to make a
division of land pursuant to NRS 278.471 to 278.4725, inclusive, must first:

(a) File a tentative map for
the area in which the land is located with the planning commission or its
designated representative or with the clerk of the governing body if there is
no planning commission; and

(b) Pay a filing fee of no
more than [$250] $750 set by the governing body.

2. This map must be:

(a) Entitled Tentative Map of
Division into Large Parcels; and

(b) Prepared and certified by
a professional land surveyor.

3. This map must show:

(a) The approximate,
calculated or actual acreage of each lot and the total acreage of the land to
be divided.

(b) Any roads or easements of
access which exist, are proposed in the applicable master plan or are proposed
by the person who intends to divide the land.

(c) Any easements for public
utilities which exist or which are proposed.

(d) Any existing easements for
irrigation or drainage, and any normally continuously flowing watercourses.

(e) An indication of any
existing road or easement which the owner does not intend to dedicate.

AN ACT relating to occupational safety and health;
requiring the administrator of the division of industrial relations of the
department of business and industry to establish a section for enforcement and
a section for safety and health consultation, education, information and
training within the division; requiring those sections to perform certain
duties; and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 618 of NRS is hereby amended by adding thereto a new
section to read as follows:

(b) Such duties, in addition to the
duties described in subsections 2 and 3, as he deems necessary for the sections
established pursuant to paragraph (a).

2. If authorized by the Secretary
of Labor, the section for enforcement shall develop a program for small
employers to eliminate or abate hazards to the safety and health of employees.
Except as otherwise provided by federal law, if a small employer complies with
the program for small employers, the section for enforcement may reduce any
penalty, fine or interest imposed pursuant to this chapter.

(a) A toll-free telephone number
within this state to provide advice to a small employer who seeks assistance in
complying with the requirements of this chapter; and

(b) A program designed to assist a
small employer in complying with the requirements of this chapter, including,
as appropriate, the preparation and dissemination of pamphlets describing the
requirements of this chapter.

Sec.
2. This act becomes effective on July 1, 1999.

________

κ1999
Statutes of Nevada, Page 897κ

CHAPTER 180, AB 531

Assembly
Bill No. 531Committee on Health and Human Services

CHAPTER 180

AN ACT relating to foster homes; clarifying and
limiting the liability of certain persons who provide foster care for children
in their care; limiting the criminal liability of such persons for the truancy
of children in their care; and providing other matters properly relating
thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 424 of NRS is hereby amended by adding thereto a new
section to read as follows:

1. Except as otherwise provided by
specific statute, a person who is licensed by the division pursuant to NRS
424.030 to conduct a family foster home or group foster home is not liable for
any act of a child in his foster care unless the person licensed by the
division took an affirmative action that contributed to the act of the child.

2. The immunity from liability
provided pursuant to this section includes, without limitation, immunity from
any fine, penalty, debt or other liability incurred as a result of the act of
the child.

Sec.
2. NRS 424.090 is hereby amended to read as follows:

424.090The provisions of NRS
424.010 to 424.100, inclusive, and
section 1 of this act do not apply to homes in which:

1. Care is provided only for
a neighbors or friends child on an irregular or occasional basis for a brief
period, not to exceed 90 days.

2. Care is provided by the
legal guardian.

3. Care is provided for an
exchange student.

4. Care is provided to enable
a child to take advantage of educational facilities that are not available in
his home community.

5. Any child or children are
received, cared for and maintained pending completion of proceedings for
adoption of such child or children, except as otherwise provided in NRS
127.2815.

Sec.
3. NRS 41.470 is hereby amended to read as follows:

41.4701.
[Any] Except as otherwise provided in section 1 of this act, any
act of willful misconduct of a minor which results in any injury or death to
another person or injury to the private property of another or to public
property is imputed to the parents or guardian having custody and control of
the minor for all purposes of civil damages, and the parents or guardian having
custody or control are jointly and severally liable with the minor for all
damages resulting from the willful misconduct.

2. The joint and several
liability of one or both parents or guardian having custody or control of a
minor under this section [shall] must not exceed $10,000 for any such act of
willful misconduct of the minor.

3. The liability imposed by
this section is in addition to any other
liability [now] imposed by law.

62.0851.
If a child is alleged to be delinquent or in need of supervision, the child and
his parents, guardian or custodian must be advised by the court or its
representative that the child is entitled to be represented by an attorney at
all stages of the proceedings, unless waived. If indigent, the parent, guardian
or custodian of the child may request the appointment of an attorney to represent
the child pursuant to the provisions in NRS 171.188. If not indigent and:

(a) An attorney is not
retained for the child; or

(b) It does not appear that an
attorney will be retained,

an attorney must be appointed for
the child, unless waived.

2. [If] Except as otherwise provided in section
1 of this act, if an attorney is appointed to represent a child[, the] :

(a) The parents of that child shall pay
the reasonable fees and expenses of the attorney unless they are indigent[.]; or

(b) If the parents of the child are indigent, the
court may require the parent [, guardian or custodian]or guardian of the child
to reimburse the county or state in accordance with his ability to pay.

3. The parent, guardian or
custodian may be represented by an attorney at all stages of the proceedings.
In no case may an attorney be appointed for him unless the court makes written
findings that such an appointment is required in the interest of justice and
specifying the reasons thereof.

4. Each attorney, other than
a public defender, [if] appointed under the provisions of
this section[,]
is entitled to the same compensation and expenses from the county as provided
in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged
with crimes.

Sec.
5. NRS 392.210 is hereby amended to read as follows:

392.210[Any]

1. Except as otherwise provided in subsection 2, a
parent, guardian or other person who has control or charge of any child and to
whom notice has been given of the childs truancy as provided in NRS 392.130
and 392.140, and who fails to prevent the childs subsequent truancy within
that school year, is guilty of a misdemeanor.

2. A person who is licensed by the
division of child and family services of the department of human resources pursuant
to NRS 424.030 to conduct a family foster home or group foster home is liable
pursuant to subsection 1 for a child in his foster care only if the person has
received notice of the truancy of the child as provided in NRS 392.130 and
392.140, and negligently fails to prevent the subsequent truancy of the child
within that school year.

Sec.
6. The amendatory provisions of this act do not affect any liability of a
person incurred:

1.
Before October 1, 1999; or

2.
As a result of any act committed by a child before October 1, 1999.

________

κ1999
Statutes of Nevada, Page 899κ

CHAPTER 181, AB 593

Assembly
Bill No. 593Committee on Judiciary

CHAPTER 181

AN ACT relating to gaming; providing that certain gaming
employees who work in more than one location are not required to obtain more
than one work permit; and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 463.335 is hereby amended to read as follows:

463.3351.
The legislature finds that, to protect and promote the health, safety, morals,
good order and general welfare of the inhabitants of the State of Nevada and to
carry out the policy declared in NRS 463.0129, it is necessary that the board:

(a) Ascertain and keep itself
informed of the identity, prior activities and present location of all gaming
employees and independent agents in the State of Nevada; and

(b) Maintain confidential
records of such information.

2. [A] Except as otherwise provided in
subsections 3 and 4, a person may not be employed as a gaming
employee or serve as an independent agent unless he is the holder of:

(a) A valid work permit issued
in accordance with the applicable ordinances or regulations of the county or
city in which his duties are performed and the provisions of this chapter; or

(b) A valid work permit issued by the board, if a
work permit is not required by either the county or the city . [,

except that an]

3. An independent agent is not required
to hold a work permit if he is not a resident of this state and has registered
with the board in accordance with the provisions of the regulations adopted by
the commission.

[3.] 4. A person may be employed as a
gaming employee for an operator of a slot machine route and perform duties for
his employer in more than one county or city without obtaining a valid work
permit for each county or city in which he performs those duties if the person
holds:

(a) A valid work permit issued in accordance with the
applicable ordinances or regulations of the county or city in which his duties
are primarily performed and the provisions of this chapter; or

(b) A valid work permit issued by the board, if a work
permit is not required by either the county or the city in which his duties are
primarily performed.

5.A gaming employee described in
subsection 4 shall notify the licensing authority of each city and county in
which he performs duties for his employer, other than the licensing authority
that issued his valid work permit, that he has obtained a valid work permit
pursuant to subsection 4.

6. A work permit issued to a gaming employee
or an independent agent must have clearly imprinted thereon a statement that it
is valid for gaming purposes only.

[4.] 7. Whenever any person
applies for the issuance or renewal of a work permit, the county or city
officer or employee to whom the application is made shall within 24 hours mail
or deliver a copy thereof to the board, and may at the discretion of the county
or city licensing authority issue a temporary work permit. If within 90 days
after receipt by the board of the copy of the application, the board has not
notified the county or city licensing authority of any objection, the authority
may issue, renew or deny a work permit to the applicant. A gaming employee who
is issued a work permit must obtain renewal of the permit from the issuing
agency within 10 days following any change of his place of employment. An
independent agent who is issued a work permit must obtain renewal of the permit
from the issuing agency within 10 days after executing an agreement to serve as
an independent agent within the jurisdiction of the issuing agency.

[5.] 8. If the board, within
the 90‑day period, notifies:

(a) The county or city
licensing authority; and

(b) The applicant,

that the board objects to the
granting of a work permit to the applicant, the authority shall deny the work
permit and shall immediately revoke and repossess any temporary work permit
which it may have issued. The notice of objection by the board which is sent to
the applicant must include a statement of the facts upon which the board relied
in making its objection.

[6.] 9. Application for a
work permit[,
valid wherever a work permit is not required by any county or city licensing
authority,] may be made to the board, and may be granted
or denied for any cause deemed reasonable by the board. Whenever the board
denies such an application, it shall include in its notice of the denial a
statement of the facts upon which it relied in denying the application. Except for a permit issued to a person
pursuant to subsection 4, a permit issued by the board is valid only in a
county or city that does not require a work permit.

[7.] 10. Any person whose
application for a work permit has been denied because of an objection by the
board or whose application has been denied by the board may, not later than 60
days after receiving notice of the denial or objection, apply to the board for
a hearing. A failure of a person whose application has been denied to apply for
a hearing within 60 days or his failure to appear at a hearing of the board
conducted pursuant to this section shall be deemed to be an admission that the
denial or objection is well founded, and the failure precludes administrative
or judicial review. At the hearing, the board shall take any testimony deemed
necessary. After the hearing the board shall review the testimony taken and any
other evidence, and shall within 45 days after the date of the hearing mail to
the applicant its decision sustaining or reversing the denial of the work
permit or the objection to the issuance of a work permit.

[8.] 11. The board may object
to the issuance of a work permit or may refuse to issue a work permit for any
cause deemed reasonable by the board. The board may object or refuse if the
applicant has:

(a) Failed to disclose or
misstated information or otherwise attempted to mislead the board with respect
to any material fact contained in the application for the issuance or renewal
of a work permit;

(b) Knowingly failed to comply
with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the
regulations of the commission at a place of previous employment;

(c) Committed, attempted or
conspired to commit any crime of moral turpitude, embezzlement or larceny or
any violation of any law pertaining to gaming, or any crime which is inimical
to the declared policy of this state concerning gaming;

(d) Committed, attempted or
conspired to commit a crime which is a felony or gross misdemeanor in this
state or an offense in another state or jurisdiction which would be a felony or
gross misdemeanor if committed in this state;

(e) Been identified in the
published reports of any federal or state legislative or executive body as
being a member or associate of organized crime, or as being of notorious and
unsavory reputation;

(f) Been placed and remains in
the constructive custody of any federal, state or municipal law enforcement
authority; or

(g) Had a work permit revoked
or committed any act which is a ground for the revocation of a work permit or
would have been a ground for revoking his work permit if he had then held a
work permit.

If the board issues or does not
object to the issuance of a work permit to an applicant who has been convicted
of a crime which is a felony, gross misdemeanor or misdemeanor, it may
specially limit the period for which the permit is valid, limit the job
classifications for which the holder of the permit may be employed and
establish such individual conditions for the issuance, renewal and
effectiveness of the permit as the board deems appropriate, including required
submission to unscheduled tests for the presence of alcohol or controlled
substances.

[9.] 12. Any applicant
aggrieved by the decision of the board may, within 15 days after the
announcement of the decision, apply in writing to the commission for review of
the decision. Review is limited to the record of the proceedings before the
board. The commission may sustain, modify or reverse the boards decision. The
decision of the commission is subject to judicial review pursuant to NRS
463.315 to 463.318, inclusive.

[10.] 13. Except as otherwise
provided in this subsection, all records acquired or compiled by the board or
commission relating to any application made pursuant to this section and all
lists of persons to whom work permits have been issued or denied and all
records of the names or identity of persons engaged in the gaming industry in
this state are confidential and must not be disclosed except in the proper
administration of this chapter or to an authorized law enforcement agency. Upon
receipt of a request from the welfare division of the department of human
resources pursuant to NRS 425.400 for information relating to a specific person
who has applied for or holds a work permit, the board shall disclose to the
division his social security number, residential address and current employer
as that information is listed in the files and records of the board. Any record
of the board or commission which shows that the applicant has been convicted of
a crime in another state must show whether the crime was a misdemeanor, gross
misdemeanor, felony or other class of crime as classified by the state in which
the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the
classification in the state where it was committed.

to the classification of the crime
must be based on the classification in the state where it was committed.

[11.] 14. A work permit
expires unless renewed in accordance with subsection [4,] 7, or if the holder
thereof is not employed as a gaming employee or does not serve as an
independent agent within the jurisdiction of the issuing authority for more
than 90 days.

[12.] 15. The chairman of the
board may designate a member of the board or the board may appoint a hearing
examiner and authorize that person to perform on behalf of the board any of the
following functions required of the board by this section concerning work permits:

(a) Conducting a hearing and
taking testimony;

(b) Reviewing the testimony
and evidence presented at the hearing;

(c) Making a recommendation to
the board based upon the testimony and evidence or rendering a decision on
behalf of the board to sustain or reverse the denial of a work permit or the
objection to the issuance or renewal of a work permit; and

(d) Notifying the applicant of
the decision.

[13.] 16. Notice by the board
as provided pursuant to this section is sufficient if it is mailed to the
applicants last known address as indicated on the application for a work
permit, or the record of the hearing, as the case may be. The date of mailing
may be proven by a certificate signed by an officer or employee of the board
which specifies the time the notice was mailed. The notice shall be deemed to
have been received by the applicant 5 days after it is deposited with the
United States Postal Service with the postage thereon prepaid.

Sec.
2. This act becomes effective on July 1, 1999.

________

CHAPTER 182, AB 612

Assembly
Bill No. 612Committee on Elections, Procedures, and Ethics

CHAPTER 182

AN ACT relating to administrative procedures; revising
the provision regarding the procedure upon the refusal of a state agency to
revise an administrative regulation objected to by the legislative commission;
declaring that a certain regulation will not become effective; and providing
other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 233B.0675 is hereby amended to read as follows:

233B.06751.
If the legislative commission has objected to a regulation, the agency may
revise it and return it to the director of the legislative counsel bureau. Upon
receipt of the revised regulation, the director shall resubmit the regulation
to the commission at its next regularly scheduled meeting. If the commission
does not object to the revised regulation, the director shall promptly file the
revised regulation with the secretary of state and notify the agency of the
filing.

2. If the legislative
commission objects to the revised regulation, the agency may continue to revise
it and resubmit it to the commission.

3. If the agency refuses to
revise a regulation to which the legislative commission has objected, the
commission may suspend the filing of the regulation until the [30th] final day of the next
regular session of the legislature. Before the [30th] final day of the next
regular session the legislature may, by concurrent resolution[,]or other appropriate legislative
measure, declare that the regulation will not become effective.
The director shall thereupon notify the agency that the regulation will not be
filed and must not be enforced. If the legislature has not so declared by the [30th] final day of the session,
the director shall promptly file the regulation and notify the agency of the
filing.

Sec.
2. In accordance with the provisions of NRS 233B.0675 as amended by this
act, the legislature hereby declares that the regulation of the ethics
commission (R044-98) that was objected to by the legislative commission on
April 17, 1998, as outside of the agencys statutory authority , will not
become effective.

Sec.
3. This act becomes effective upon passage and approval.

________

CHAPTER 183, AB 624

Assembly
Bill No. 624Committee on Judiciary

CHAPTER 183

AN ACT relating to civil practice; removing a provision
that specifies that an oral application or written motion for attorneys fees
does not affect a final judgment or the time for an appeal; and providing other
matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 18.010 is hereby amended to read as follows:

18.0101.
The compensation of an attorney and counselor for his services is governed by
agreement, express or implied, which is not restrained by law.

2. In addition to the cases
where an allowance is authorized by specific statute, the court may make an
allowance of attorneys fees to a prevailing party:

(a) When he has not recovered
more than $20,000; or

(b) Without regard to the
recovery sought, when the court finds that the claim, counterclaim, cross-claim
or third-party complaint or defense of the opposing party was brought without
reasonable ground or to harass the prevailing party.

3. In awarding attorneys
fees the court may pronounce its decision on the fees at the conclusion of the
trial or special proceeding without written motion and with or without
presentation of additional evidence.

4. [No oral application or
written motion for attorneys fees alters the effect of a final judgment
entered in the action or the time permitted for an appeal therefrom.

5. Subsections 2, 3 and 4]Subsections 2 and 3 do not
apply to any action arising out of a written instrument or agreement which
entitles the prevailing party to an award of reasonable attorneys fees.

Sec.
2. This act becomes effective upon passage and approval.

________

CHAPTER 184, AB 640

Assembly
Bill No. 640Committee on Government Affairs

CHAPTER 184

AN ACT relating to cities; prohibiting certain cities
from annexing only a portion of an individual lot or parcel of land; and
providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. NRS 268.6255 is hereby amended to read as follows:

268.62551.
The land proposed for annexation by a certified program of annexation must be
contiguous to the annexing city unless:

(a) The proposal is a
voluntary annexation;

(b) The timing of the proposal
is consistent with the certified program of annexation; and

(c) The services and
facilities required for the development of the land proposed for annexation
will be provided upon annexation.

2. The annexation of the land
must not have the effect of [creating] :

(a) Creating an island of 40 acres or less[.] ; or

(b) Dividing an individual lot or parcel of land so that
only a portion of the lot or parcel is proposed for annexation.

Sec.
2. This act becomes effective upon passage and approval.

________

κ1999 Statutes
of Nevada, Page 905κ

CHAPTER 185, AB 644

Assembly
Bill No. 644Committee on Judiciary

CHAPTER 185

AN ACT relating to obligations for the support of
children; revising provisions concerning the notice to withhold income sent to
the employer of a person alleged to be liable for child support; providing that
all payments made pursuant to an order for the assignment of income for the
payment of child support be made to the welfare division of the department of
human resources or its designated representative for appropriate disbursement;
revising the procedure for notifying an employer of his duty to enroll a child
of his employee in a plan of health insurance as ordered by a court; repealing
a provision that requires a recipient of a payment of child support to provide
notice of his receipt of such payment to certain persons; and providing other
matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 31A.070 is hereby amended to read as follows:

31A.0701.
The enforcing authority shall mail, by [certified mail, return
receipt requested,]first-class mail, a notice to withhold income
to an obligors employer:

(a) If the provisions of
subsection 2 of NRS 31A.025 apply, immediately upon determining that the
obligor is delinquent in the payment of support; or

(b) If the provisions of
subsection 2 of NRS 31A.025 do not apply, immediately upon the entry of the
order of support.

2. [The]If an employer of an obligor does
not begin to withhold income from the obligor after receiving the notice to
withhold income that was mailed pursuant to subsection 1, the enforcing
authority shall mail, by certified mail, return receipt requested, another notice
to withhold income to the employer.

3. A notice to withhold income may be
issued electronically andmust:

(a) Contain the social
security number of the obligor;

(b) Specify the amount to be
withheld from the income of the obligor;

(c) Specify the amount of the fee
authorized in NRS 31A.090 for the employer;

(d) Describe the limitation
for withholding income prescribed in NRS 31.295;

(e) Describe the prohibition
against terminating the employment of an obligor because of withholding and the
penalties for wrongfully refusing to withhold pursuant to the notice to
withhold income;

(f) Specify that, pursuant to
NRS 31A.160, the withholding of income to enforce an order of a court for child
support has priority over other proceedings against the same money; and

(g) Explain the duties of an
employer upon the receipt of the notice to withhold income.

Sec.
2. NRS 31A.095 is hereby amended to read as follows:

31A.0951.
If an employer wrongfully refuses to withhold income as required pursuant to
NRS 31A.025 to 31A.190, inclusive, after
receiving a notice to withhold income that was sent by certified mail pursuant
to subsection 2 of NRS 31A.070, or knowingly misrepresents the
income of an employee, the enforcing authority may apply
for and the court may issue an order directing the employer to appear and show
cause why he should not be subject to the penalty prescribed in subsection 2 of
NRS 31A.120.

employee, the enforcing authority
may apply for and the court may issue an order directing the employer to appear
and show cause why he should not be subject to the penalty prescribed in
subsection 2 of NRS 31A.120.

2. At the hearing on the
order to show cause,the
court, upon a finding that the employer wrongfully refused to withhold income
as required or knowingly misrepresented an employees income:

(a) May order the employer to
comply with the requirements of NRS 31A.025 to 31A.190, inclusive;

(b) May order the employer to
provide accurate information concerning the employees income;

(c) May fine the employer
pursuant to subsection 2 of NRS 31A.120; and

(d) Shall require the employer
to pay the amount the employer failed or refused to withhold from the obligors
income.

Sec.
3. NRS 31A.270 is hereby amended to read as follows:

31A.270NRS
31A.160 applies to all assignments of income pursuant to NRS 31A.250 to [31A.340,] 31A.330, inclusive. The
assignment:

1. Must be calculated in
accordance with NRS 31.295.

2. May include the amount of
the current support due and a payment on the arrearages if previously ordered
by a court of competent jurisdiction.

Sec.
4. NRS 31A.280 is hereby amended to read as follows:

31A.2801.
An order for an assignment issued pursuant to NRS 31A.250 to [31A.340,] 31A.330, inclusive,
operates as an assignment and is binding upon any existing or future employer
of an obligor upon whom a copy of the order is served by certified mail, return
receipt requested. The order may be modified or revoked at any time by the
court.

2. To enforce the obligation
for support, the employer shall cooperate with and provide relevant information
concerning the obligors employment to the person entitled to the support or
that persons legal representative. A disclosure made in good faith pursuant to
this subsection does not give rise to any action for damages for the
disclosure.

3. If the order for support
is amended or modified, the person entitled to the payment of support or that
persons legal representative shall notify the employer of the obligor to
modify the amount to be withheld accordingly.

4. To reimburse the employer
for his costs in making the payment pursuant to the assignment, he may deduct
$3 from the amount paid to the obligor each time he makes a payment.

5. If an employer wrongfully
refuses to honor an assignment or knowingly misrepresents the income of an
employee, the court, upon request of the person entitled to the support or that
persons legal representative, may enforce the assignment in the manner
provided in NRS 31A.095 for the enforcement of the withholding of income.

6. Compliance by an employer
with an order of assignment operates as a discharge of the employers liability
to the employee as to that portion of the employees income affected.

Sec.
5. NRS 31A.300 is hereby amended to read as follows:

31A.300In
any proceeding where a court makes or has made an order of assignment of income
for the payment of the support of a child to a person , [receiving welfare
payments for the maintenance of minor children,] the court
shall direct that payments made pursuant to the assignment be made to the [welfare division or its designated representative.] enforcing
authority.

[welfare division or its
designated representative.] enforcing authority. The district attorney
may appear in any proceeding to enforce that order. The enforcing authority shall disburse the payments so
received to the person to whom the assignment was made in the amount that the
person is entitled to receive.

Sec.
6. NRS 31A.310 is hereby amended to read as follows:

31A.3101.
The person or other entity to whom support is ordered to be paid by assignment
of income shall notify the court and the employer of the obligor , by any form of mail
requiring a return receipt, of any change of address within a reasonable time
after that change.

2. If the employer or the
legal representative of the person entitled to the payment for support is
unable to deliver payments as required pursuant to NRS 31A.250 to [31A.340,] 31A.330, inclusive,
within 3 months because of the failure of the person entitled to the support to
notify the employer or his legal representative of a change of address, the
employer or legal representative shall not make any further payments pursuant
to the assignment and shall return all undeliverable payments to the employee.

Sec.
7. NRS 31A.330 is hereby amended to read as follows:

31A.3301.
Money may be withheld for the support of a child pursuant to NRS 31A.250 to [31A.340,] 31A.330, inclusive, from
any money due to:

(a) The obligor as a pension, an
annuity, unemployment compensation, a benefit because of disability, retirement
or other cause;

(b) The obligor as a return of
contributions and interest; or

(c) Some other person because
of the death of the obligor,

from the [state,] State of Nevada, a
political subdivision of the [state]State of Nevada or an agency of either, a
public trust, corporation or board or a system for retirement, disability or
annuity established by a statute of this state.

2. When a certified copy of
any order of assignment is served by certified mail, return receipt requested,
on any entity described in subsection 1, other than the Federal Government, it
must comply with any request for a return of employee contributions by an
employee named in the order by paying the contributions to the person entitled
to the payment of support or that persons legal representative unless the
entity has received a certified copy of an order terminating the order of
assignment. A court may not directly or indirectly condition the issuance,
modification or termination of, or condition the terms or conditions of, any
order for the support of a child upon the issuance of such a request by an
employee.

Sec.
8. NRS 31A.350 is hereby amended to read as follows:

31A.3501.
If a court orders a parent to obtain health insurance for his child and the
parent fails to comply with the order, the enforcing authority shall mail to
the parents employer or labor organization by [certified] first-class mail, a
notice requiring the employer or organization to enroll the child in the plan
of health insurance provided for his employees or its members. The notice must
include:

(a) The parents name and
social security number;

(b) A statement that the
parent has been required by an order of the court to obtain and maintain health
insurance for his child;

(c) The name, date of birth
and social security number for the child; and

(d) A statement that any
assistance needed to complete the enrollment of the child in a plan of health
insurance may be obtained from the parents of the child and the enforcing
authority.

2. Except as otherwise
provided in subsection 6, no enforcing authority may mail or cause to be mailed
a notice to enroll pursuant to subsection 1 unless:

(a) The enforcing authority
first notifies the parent by certified mail at his last known address of:

(1) Its intent to seek
enrollment of the child; and

(2) The provisions of
subsection 6; and

(b) The parent fails, within
15 days after the notice is mailed, to provide written proof to the enforcing
authority that:

(1) The parent has
enrolled the child in a plan of health insurance required by the order of the
court; or

(2) The coverage required
by the order of the court was not available at a reasonable cost for more than
30 days before the date on which the notice was mailed.

3. Except as otherwise
provided in this subsection, upon receipt of a notice to enroll, mailed
pursuant to subsection 1, the employer or labor organization shall enroll the
child named in the notice in the plan of health insurance provided for his
employees or its members. The child must be enrolled without regard to any restrictions
upon periods for enrollment. If more than one plan is offered by the employer
or labor organization, and each plan may be extended to cover the child, the
child must be enrolled in the parents plan. If the parents plan cannot be
extended to cover the child, the child must be enrolled in the plan with the
least expensive option for providing coverage for a dependent that is otherwise
available to the parent, subject to the eligibility requirements of that plan.
An employer, labor organization, health maintenance organization or other
insurer is not required to enroll the child in a plan of health insurance if
the child is not otherwise eligible to be enrolled in that plan. If the child
is not eligible to be enrolled in the parents plan of health insurance, the
employer or labor organization shall notify the enforcing authority.

4. After the child is
enrolled in a plan of health insurance, the premiums required to be paid by the
parent for the childs coverage may be deducted from the parents wages. If the
parents wages are not sufficient to pay for those premiums, the employer or
labor organization shall notify the enforcing authority.

5. A notice to enroll sent
pursuant to subsection 1 has the same effect as an enrollment application
signed by the parent. No employer or labor organization may refuse to enroll a
child because a parent has not signed an enrollment application.

6. If the enforcing
authority:

(a) Has complied with the
requirements of subsection 2 regarding a parent; and

(b) Subsequently determines
that the parent:

(1) Has another employer
or belongs to another labor organization; and

(2) Does not have the
child enrolled in a plan of health insurance as required by the order of the
court, the enforcing authority shall, without again
complying with the requirements of subsection 2, mail pursuant to subsection 1
a subsequent notice to enroll to the other employer or labor organization.

the enforcing authority shall,
without again complying with the requirements of subsection 2, mail pursuant to
subsection 1 a subsequent notice to enroll to the other employer or labor
organization. Any employer or labor organization receiving such a notice shall
notify the parent immediately of the receipt of that notice and comply with the
provisions of this section unless, within 20 days after the notice was mailed
to the employer or labor organization, the enforcing authority notifies the
employer or labor organization that the parent has provided the enforcing
authority with written proof that the parent has enrolled the child in a plan
of health insurance required by the order of the court.

7. An employer or labor
organization shall, without liability to the parent, provide to the enforcing
authority, upon request, information about the name of the insurer and the
number of the parents policy of health insurance.

8. The enforcing authority
may withhold wages or other income and require withholding of state tax refunds
whenever the responsible parent has received payment from the third party and
not used the payment to reimburse the other parent or provider to the extent
necessary to reimburse the Medicaid agency.

9.
The remedy provided by this section is in addition to, and is not a substitute
for, any other remedy available for the enforcement of such an order.

Sec.
9. NRS 31A.340 is hereby repealed.

Sec.
10. This act becomes effective on July 1, 1999.

________

CHAPTER 186, SB 121

Senate
Bill No. 121Committee on Judiciary

CHAPTER 186

AN ACT relating to real property; revising the
provisions governing certain disclosures required to be made to certain
purchasers of residences; revising the provisions governing notices of public
hearings regarding certain changes in zoning regulations, restrictions and
districts; and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 113 of NRS is hereby amended by adding thereto a new
section to read as follows:

1. Except as otherwise provided in
subsection 3, in a county whose population is 400,000 or more, a seller may not
sign a sales agreement with the initial purchaser of a residence unless the
seller, at least 24 hours before the time of the signing, provides the initial
purchaser with a disclosure document that contains:

(a) A copy of the most recent gaming enterprise district
map that has been made available for public inspection pursuant to NRS 463.309
by the city or town in which the residence is located or, if the residence is
not located in a city or town, by the
county in which the residence is located; and

located in a city or town, by the county in which the
residence is located; and

(b) The location of the gaming enterprise district that
is nearest to the residence, regardless of the jurisdiction in which the
nearest gaming enterprise district is located.

The seller shall retain a copy of the disclosure document
that has been signed by the initial purchaser acknowledging the time and date
of receipt by the initial purchaser of the original document.

2. The information contained in the disclosure document
required by subsection 1 must:

(a) Be updated not less than once every 4 months;

(b) Advise the initial purchaser that gaming enterprise
districts are subject to change; and

(c) Provide the initial purchaser with instructions on
how to obtain more current information.

3. The initial purchaser of a
residence may waive the 24-hour period required by subsection 1 if the seller
provides the initial purchaser with the information required by subsections 1
and 2 and the initial purchaser signs a written waiver. The seller shall retain
a copy of the written waiver that has been signed by the initial purchaser
acknowledging the time and date of receipt by the initial purchaser of the
original document.

4. As used in this section,
seller has the meaning ascribed to it in NRS 113.070.

Sec.
2. NRS 113.070 is hereby amended to read as follows:

113.0701.
[Except as otherwise provided in subsection 3, in a county
whose population is 400,000 or more, a seller may not sign a sales agreement
with the initial purchaser of a residence unless the seller, at least 24 hours
before the time of the signing, provides the initial purchaser with a
disclosure document that contains:

(a) A copy of the most recent gaming enterprise district map
that has been made available for public inspection pursuant to NRS 463.309 by
the city or town in which the residence is located or, if the residence is not
located in a city or town, by the county in which the residence is located; and

(b) The location of the gaming enterprise district that is
nearest to the residence, regardless of the jurisdiction in which the nearest
gaming enterprise district is located.

The seller shall retain a copy of the disclosure document
which has been signed by the initial purchaser acknowledging the time and date
of receipt by the initial purchaser of the original document.

2. The information contained in the disclosure document
required by subsection 1 must:

(a) Be updated no less than once every 4 months;

(b) Advise the initial purchaser that gaming enterprise
districts are subject to change; and

(c) Provide the initial purchaser with instructions on how to
obtain more current information.

3. The initial purchaser of a residence may waive the
24-hour period required by subsection 1 if the seller provides the initial
purchaser with the information required by subsections 1 and 2 and the initial
purchaser signs a written waiver.

written waiver. The seller shall retain a copy of the written
waiver which has been signed by the initial purchaser acknowledging the time
and date of receipt by the initial purchaser of the original document.

4.] Before the initial purchaser of
a residence signs a sales agreement[,]or opens escrow, whichever occurs earlier, the
seller shall, by separate written document, disclose to [him]the initial purchaser the
zoning designations and the designations in the master plan regarding land use[,]
adopted pursuant to chapter 278 of NRS , and the general land uses described therein, for
the adjoining parcels of land. If the residence is located within a
subdivision, the disclosure must be made regarding all parcels of land
adjoining the unit of the subdivision in which the residence is located. If the
residence is located on land divided by a parcel map and not located within a
subdivision, the disclosure must be made regarding all parcels of land
adjoining the parcel map. Such a disclosure must be made regardless of whether
the adjoining parcels are owned by the seller. The seller shall retain a copy
of the disclosure document which has been signed by the initial purchaser
acknowledging the date of receipt by the initial purchaser of the original
document.

(a) Be updated [no] not less than once every
6 months, if the information is available from the local government;

(b) Advise the initial purchaser that the master plan is for the
general, comprehensive and long-term development of land in the area and that the
designations in the master plan regarding land use provide the most probable
indication of future development which may occur on the surrounding properties;

(c) Advise the initial purchaser that the
master plan and zoning ordinances and regulations adopted pursuant to the
master plan are subject to change; and

[(c)] (d) Provide the initial
purchaser with instructions on how to obtain more current information.

[6.]3. As used in this
section, seller means a person who sells or attempts to sell any land or
tract of land in this state which is divided or proposed to be divided over any
period into two or more lots, parcels, units or interests, including, but not
limited to, undivided interests, which are offered, known, designated or
advertised as a common unit by a common name or as a part of a common
promotional plan of advertising and sale.

Sec.
3. NRS 278.260 is hereby amended to read as follows:

278.2601.
The governing body shall provide for the manner in which zoning regulations and
restrictions and the boundaries of zoning districts are determined,
established, enforced and amended.

2. A zoning regulation,
restriction or boundary must not become effective until after a public hearing
at which parties in interest and other persons have an opportunity to be heard.
The governing body shall cause notice of the time and place of the hearing to
be:

(a) Published in an official
newspaper, or a newspaper of general circulation, in the city, county or
region; and

(b) Mailed to each tenant of a
mobile home park if that park is located within 300 feet of the property in
question,

at least 10 days before the hearing.

3. If the proposed amendment
involves a change in the boundary of a zoning district in a county whose
population is less than 400,000, the governing body shall, to the extent this
notice does not duplicate the notice required by subsection 2, cause a notice
to be sent by mail at least 10 days before the hearing to:

(a) The applicant;

(b) Each owner, as listed on
the county assessors records, of real property located within 300 feet of the
portion of the boundary being changed;

(c) Each owner, as listed on
the county assessors records, of at least 30 parcels nearest to the portion of
the boundary being changed, to the extent this notice does not duplicate the
notice given pursuant to paragraph (b); and

(d) Any advisory board which
has been established for the affected area by the governing body.

The notice must be written in
language which is easy to understand. [It]The notice must set forth
the time, place and purpose of the hearing and a physical description of, or a
map detailing, the proposed change[.] , must indicate the existing zoning designation, and the
proposed zoning designation, of the property in question, and must contain a
brief summary of the intent of the proposed change.

4. If the proposed amendment
involves a change in the boundary of a zoning district in a county whose
population is 400,000 or more, the governing body shall, to the extent this
notice does not duplicate the notice required by subsection 2, cause a notice
to be sent by mail at least 10 days before the hearing to:

(a) The applicant;

(b) Each owner, as listed on
the county assessors records, of real property located within 500 feet from
the portion of the boundary being changed;

(c) Each owner, as listed on
the county assessors records, of at least 30 parcels nearest to the portion of
the boundary being changed, to the extent this notice does not duplicate the
notice given pursuant to paragraph (b); and

(d) Any advisory board which
has been established for the affected area by the governing body.

The notice must be written in
language which is easy to understand. [It]The notice must set forth
the time, place and purpose of the hearing and a physical description of, or a
map detailing, the proposed change[.] , must indicate the existing zoning designation, and the
proposed zoning designation, of the property in question, and must contain a
brief summary of the intent of the proposed change.

5. The exterior of the notice
mailed pursuant to subsection 4 must bear a statement printed in at least
10-point bold type in substantially the following form: OFFICIAL
NOTICE OF PUBLIC HEARING

6. In addition to mailing the
notice required pursuant to subsection 4, in a county whose population is
400,000 or more, the governing body shall, [no] not later than 10 days
before the hearing, erect or cause to be erected on the property, at least one
sign not less than 2 feet high and 2 feet wide. The sign must be made of
material reasonably calculated to withstand the elements for 40 days. The
governing body must be consistent in its use of colors for the background and
lettering of the sign. The sign must include the following information:

(a) The existing zoning
designation of the property in question;

(b) The proposed zoning
designation of the property in question;

(c) The date, time and place
of the public hearing;

(d) A telephone number which
may be used by interested persons to obtain additional information; and

(e) A statement which
indicates whether the proposed zoning designation of the property in question
complies with the requirements of the master plan of the city or county in
which the property is located.

7. A sign required pursuant
to subsection 6 is for informational purposes only, and must be erected
regardless of any local ordinance regarding the size, placement or composition
of signs to the contrary.

8. A governing body may charge
an additional fee for each application to amend an existing zoning regulation,
restriction or boundary to cover the actual costs resulting from the mailed
notice required by this section and the erection of not more than one of the
signs required by subsection 6, if any. The additional fee is not subject to
the limitation imposed by NRS 354.5989.

9. The governing body shall
remove or cause to be removed any sign required by subsection 6 within 5 days
after the final hearing for the application for which the sign was erected.
There must be no additional charge to the applicant for such removal.

AN ACT relating to the charter of the City of Las
Vegas; amending the charter to create six wards in the City of Las Vegas upon
the approval of the registered voters of the city; authorizing the city council
or the voters within the city to increase the number of wards in certain
circumstances; and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. Section 1.130 of the charter of the City of Las Vegas, being chapter 517,
Statutes of Nevada 1983, as amended by chapter 526, Statutes of Nevada 1997, at
page 2514, is hereby amended to read as follows:

Sec. 1.130
Wards: Creation; boundaries.

1.
The city [may]must be divided into [as many wards as the city
council determines are necessary. The wards]six wards upon the approval of the
voters. Thereafter, the wards may be increased:

(a) By the city council if it determines
that an increase is necessary; or

(b) Upon approval of a question
proposing an increase to a specific number of wards by a majority of the voters
voting on the question. Such a question must be submitted to the voters on the
ballot at a general election or general city election if the city council votes
for the submission of the question on its own motion or if a petition signed by
a number of registered voters of the city equal to 15 percent or more of the
number of voters who voted at the last preceding general election is submitted
to the city council requesting an increase to a specific number of wards.

The wards must be as
nearly equal in population as can conveniently be provided, and the territory
which comprises each ward must be contiguous.

2. The
boundaries of the wards must be established and changed by ordinance. The boundaries
of the wards must be changed whenever the population, as determined by the last
preceding national census of the Bureau of the Census of the United States
Department of Commerce, in any ward exceeds the population in any other ward by
more than 5 percent. The boundaries of the wards may be changed to include
territory which has been annexed and whenever the population in any ward
exceeds the population in any other ward by more than 5 percent by any measure
which is found reliable by the city council.

Sec.
2. Section 2.010 of the charter of the City of Las Vegas, being chapter
517, Statutes of Nevada 1983, at page 1394, is hereby amended to read as
follows:

Sec. 2.010
General provisions.

1. The
municipal government and the legislative power of the city is vested in a city
council which consists of a mayor and [four councilmen.] one councilman from each ward.

2. Members
of the city council may vote on any lease, contract or other agreement which
extends beyond their respective terms of office.

Sec.
3. Section 5.010 of the charter of the City of Las Vegas, being chapter
517, Statutes of Nevada 1983, as last amended by chapter 570, Statutes of
Nevada 1997, at page 2790, is hereby amended to read as follows:

Sec. 5.010
Primary municipal elections.

1. On
the Tuesday after the first Monday in May [1985,]2001, and at each
successive interval of 4 years, a primary municipal election must be held in
the city at which time candidates for [two]half of theoffices
of councilman and for municipal judge, department 2, must be nominated.

2. On
the Tuesday after the first Monday in May [1987,]2003, and at each
successive interval of 4 years, a primary municipal election must be held in
the city at which time candidates for mayor, for [two]the other half of the offices
of councilman and for municipal judge, department 1, must be nominated.

3. The
candidates for councilman who are to be nominated as provided in subsections 1
and 2 must be nominated and voted for separately according to the respective
wards. The candidates from [wards 2 and 4]each even-numbered ward must be nominated as
provided in subsection 1, and the candidates from [wards 1 and 3]each odd-numbered ward must
be nominated as provided in subsection 2.

4. If
the city council has established an additional department or departments of the
municipal court pursuant to section 4.010 of this charter, and, as a result,
more than one office of municipal judge is to be filled at any election, the
candidates for those offices must be nominated and voted upon separately
according to the respective departments.

5. Each
candidate for the municipal offices which are provided for in subsections 1, 2
and 4 must file a declaration of candidacy with the city clerk. All filing fees
collected by the city clerk must be paid into the city treasury.

6. If,
in the primary election, regardless of the number of candidates for an office,
one candidate receives a majority of votes which are cast in that election for
the office for which he is a candidate, he must be declared elected for the
term which commences on the day of the first regular meeting of the city council
next succeeding the meeting at which the canvass of the returns is made, and no
general election need be held for that office. If, in the primary election, no candidate receives a majority of votes which are
cast in that election for the office for which he is a candidate, the names of
the two candidates who receive the highest number of votes must be placed on
the ballot for the general election.

election, no
candidate receives a majority of votes which are cast in that election for the
office for which he is a candidate, the names of the two candidates who receive
the highest number of votes must be placed on the ballot for the general
election.

Sec.
4. The city council of the City of Las Vegas shall submit the question of
whether the number of wards of the city should be increased to six wards to the
registered voters of the city at the first general municipal election after the
effective date of this act.

Sec.
5. If the registered voters of the City of Las Vegas approve the increase
in the number of wards of the city to six wards, the city council shall, on or
before January 1, 2000:

1.
Establish the boundaries of the wards added pursuant to the amendatory
provisions of section 1 of this act and designate these wards as wards 5 and 6.

2.
Appoint one person to each office of councilman added pursuant to the
amendatory provisions of section 1 of this act. The successor to the office of
councilman from ward 6 who is elected at the municipal election in 2001 serves
for a term of 4 years. Notwithstanding the provisions of subsection 2 of
section 1.140 of the charter of the City of Las Vegas, the successor to the office
of councilman from ward 5 who is elected at the municipal election in 2001
serves for a term of 2 years. His successor who is elected at the municipal
election in 2003 and each subsequent successor to that office serves for a term
of 4 years.

Sec.
6. This act becomes effective upon passage and approval.

________

CHAPTER 188, SB 472

Senate
Bill No. 472Committee on Government Affairs

CHAPTER 188

AN ACT relating to public administrators; increasing
the value of estates that may be administered by a public administrator by
affidavit; authorizing the destruction of the property of a ward or decedent
without giving notice to the next of kin, under certain circumstances;
prohibiting certain public administrators from acting as guardians of proposed
wards; revising the circumstances under which a public administrator is
required to petition a court for letters of administration; allowing the
appointment of a public guardian for a person who is under 60 years of age;
authorizing a public administrator or a deputy designated by him to obtain the
name and address of a customer of a public utility; and providing other matters
properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 253.040 is hereby amended to read as follows:

253.0401.
Public administrators [are authorized to]may administer on the estates of any deceased
persons in any cases where by law they are entitled to administer by virtue of
their office. Except as otherwise provided in NRS 253.0403[,] and 253.0425, public
administrators are required to make formal application for letters of
administration.

2. In counties whose
population is 100,000 or more, the public administrator shall execute a bond to
the State of Nevada in the amount of $100,000, conditioned that the public
administrator will faithfully execute the duties of the trust according to law.

3. In counties whose
population is less than 100,000, the official bond given pursuant to NRS
253.020 may secure the faithful execution of the public administrators duties
for all estates for which he has been issued letters of administration, and all
estates administered pursuant to NRS 253.0403, if the aggregate value of all
the estates does not exceed the amount of his bond.

Sec.
2. NRS 253.0403 is hereby amended to read as follows:

253.0403 1. When the gross
value of a decedents property situated in this state does not exceed [$2,500,] $5,000, a public
administrator may, without procuring letters of administration, administer the
estate of that person upon filing with the court an affidavit of his right to
do so.

2. The affidavit must
provide:

(a) The public administrators
name and address, and his attestation that he is entitled by law to administer
the estate;

(b) The decedents place of
residence at the time of his death;

(c) That the gross value of
the decedents property in this state does not exceed [$2,500;] $5,000;

(d) That at least 40 days have
elapsed since the death of the decedent;

(e) That no application or
petition for the appointment of a personal representative is pending or has
been granted in this state;

(f) A description of the
personal property of the decedent;

(g) Whether there are any
heirs or next of kin known to the affiant, and if known, the name and address
of each such person;

(h) If heirs or next of kin
are known to the affiant, a description of the method of service he used to
provide to each of them notice of the affidavit and that at least 10 days have
elapsed since the notice was provided;

(i) That all debts of the
decedent, including funeral and burial expenses, have been paid or provided
for; and

(j) The name of each person to
whom the affiant intends to distribute the decedents property.

3. Before filing the
affidavit with the court, the public administrator shall take reasonable steps
to ascertain whether any of the decedents heirs or next of kin exist. If the
administrator determines that heirs or next of kin exist, he shall serve each
of them with a copy of the affidavit. Service must be made personally or by
certified mail.

4. If the affiant:

(a) Submits an affidavit which
does not meet the requirements of subsection 2 or which contains statements
which are not entirely true, any money or property he receives or distributes
is subject to all debts of the decedent, based on the priority for payment of
debts and charges specified in NRS 150.220.

(b) Fails to give notice to
heirs or next of kin as required by subsection 3, any money or property he
holds or distributes to others shall be deemed to be held in trust for those
heirs and next of kin who did not receive notice and have an interest in the
property.

5. A person who receives an
affidavit containing the information required by subsection 2 is entitled to
rely upon such information, and if he relies in good faith, he is immune from
civil liability for actions based on that reliance.

6. Upon receiving proof of
the death of the decedent, an affidavit containing the information required by
this section and the written approval of the public administrator to do so:

(a) A transfer agent of any
security shall change the registered ownership of the security claimed from the
decedent to the person claiming to succeed to ownership of that security.

(b) A governmental agency
required to issue certificates of ownership or registration to personal
property shall issue a new certificate of ownership or registration to the
person claiming to succeed to ownership of the property.

Sec.
3. NRS 253.0405 is hereby amended to read as follows:

253.0405Before
the issuance of the letters of administration for an estate, [or]
before filing an affidavit to administer an estate pursuant to NRS 253.0403[,]or before petitioning to have an estate
set aside pursuant to NRS 253.0425, the public administrator may
secure the property of a deceased person if he finds that:

1. There are no relatives of
the deceased who are able to protect the property; and

2. Failure to do so could
endanger the property.

Sec.
4. NRS 253.0407 is hereby amended to read as follows:

253.0407 [A] 1. Except as otherwise provided in
subsection 2, a public administrator, with regard to the personal
property of the estate of a ward or a decedent, may donate property that has a
value of less than $250 to a nonprofit organization, or destroy property that
has a value of less than $100, if:

[1.] (a) The property, if that
of a ward, is not necessary for the care or comfort of the ward; and

[2.] (b) A notice of intent to
donate or destroy the property is:

[(a)] (1) Mailed by certified
mail to the wards or decedents next of kin at his last known home address; or

[(b)] (2) Personally delivered
to him,

and that person fails to claim the
property within 15 days.

2. A public administrator may authorize the immediate
destruction of the property of a ward or decedent, without giving notice to the
next of kin, if:

(a) The administrator determines that the property has
been contaminated by vermin or biological or chemical agents;

(b) The expenses related to the decontamination of the
property cause salvage to be impractical;

(c) The property constitutes an immediate threat to
public health or safety;

(d) The handling, transfer or storage of the property
may endanger public health or safety or exacerbate contamination; and

(e) The value of the property is
less than $100 or, if the value of the property is $100 or more, a state or
local health officer has endorsed the destruction of the property.

(1) The financial status of any
proposed ward[,]
for whom he has been requested to serve as guardian[,]
to determine whether he is eligible to serve in that capacity.

[(b)](2)The financial status of any decedent for
whom he has been requested to serve as administrator to determine the assets
and liabilities of the estate.

(3) Whether there is any qualified
person[,]
who is willing and able to serve as guardian for a ward or administrator of the
estate of an intestate decedent[,]
to determine whether he is eligible to serve in that capacity.

[2.](b) Petition the court for
appointment as guardian of the person and estate of any ward if, after
investigation, the public administrator finds that he is eligible to serve. [This]Except as otherwise provided in
subsection 2, this petition for appointment as guardian must be
made by the public administrator regardless of the amount of assets in the
guardianship estate if no other qualified person having a prior right is
willing and able to serve.

[3.](c) Except as otherwise
provided in NRS 253.0403[,] and 253.0425, petition
the court for letters of administration of the estate of a person dying
intestate if, after investigation, the public administrator finds that there is
no other qualified person having a prior right who is willing and able to serve . [, and the estate does not
exceed $25,000 in gross value.

4.](d) Upon court order, act as:

[(a)](1) Guardian of the
person and estate of an adult ward; or

[(b)](2) Administrator of
the estate of a person dying intestate,

regardless of the amount of assets
in the estate of the ward or decedent if no other qualified person is willing
and able to serve.

2. The public administrator is not
eligible to serve as a guardian of the person and estate of a ward if the board
of county commissioners of his county has established the office of public
guardian pursuant to NRS 253.150, unless the board has designated the public
administrator as ex officio public guardian.

Sec.
6. NRS 253.0425 is hereby amended to read as follows:

253.04251.
If the public administrator finds that there is no qualified person willing and
able to administer the estate of a particular decedent, he shall investigate
further to estimate its gross value.

2. If the estate appears to
have a gross value of [$25,000] $50,000 or less, he shall:

(a) Assist a proper person to
petition to have it set aside without administration or directly receive the
assets from a custodian, as the facts may warrant;

(b) Himself petition to have
the estate set aside without administration and properly distributed; or

(c) Administer the estate
pursuant to NRS 253.0403.

3. If the estate appears to
have a gross value of more than [$25,000:] $50,000:

(a) He shall proceed with
summary or full administration as the value of the estate requires.

(b) He may retain an attorney
to assist him, rotating this employment in successive estates among the
attorneys practicing in the county who are qualified by experience and willing
to serve. The attorneys fee is a charge upon the estate.

Sec.
7. NRS 253.044 is hereby amended to read as follows:

253.044 In a county whose
population is less than 100,000, the board of county commissioners may, after
reviewing each case, direct the public administrator or any other suitable
person to:

1. Investigate:

(a) The financial status of
any proposed ward for whom a request to serve as guardian has been received to
determine whether there is a need for a guardian to be appointed and whether
the public administrator or other suitable person designated by the board is
able and eligible to serve in that capacity.

(b) Whether there is any
qualified person who is willing and able to serve as guardian for a ward or
administrator of the estate of an intestate decedent, and to determine whether
there is a need for a guardian or an administrator and whether the public administrator
or other suitable person designated by the board is eligible to serve in that
capacity.

2. Petition the court for
appointment as guardian of the person or as guardian of the person and estate
of any ward if, after investigation, the public administrator or other suitable
person designated by the board finds that there is a need for such an
appointment and that he is able and eligible to serve. If no other qualified
person having a prior right is willing and able to serve, the public administrator
or other suitable person designated by the board shall petition for appointment
as guardian regardless of the amount of assets in the estate of the proposed
ward.

3. Petition the court for
letters of administration of the estate of a person dying intestate if, after
investigation, the public administrator or other suitable person designated by
the board finds that there is no other qualified person having a prior right
who is willing and able to serve .
[, and the estate does not exceed $10,000 in gross value.]

4. File an affidavit pursuant
to NRS 253.0403 to administer the estate if, after investigation, the public
administrator or other suitable person designated by the board finds that the
gross value of the decedents property situated in this state does not exceed [$2,500.] $5,000.

5. Act, upon order of a
court, as:

(a) Guardian of the person and
estate of an adult ward; or

(b) Administrator of the
estate of a person dying intestate,

regardless of the amount of assets
in the estate of the ward or decedent if no other qualified person is willing
and able to serve.

Sec.
8. NRS 253.200 is hereby amended to read as follows:

253.2001.
A resident of Nevada [who is 60 years of age or older] is
eligible to have the public guardian appointed as his individual guardian if
he:

(a) Has no relative or friend
able and willing to serve as his guardian; or

(b) Lacks sufficient assets to
provide the requisite compensation to a private guardian.

2.
A person so qualified, or anyone on his behalf, may petition the district court
of the county in which he resides to make the appointment.

Sec.
9. Chapter 704 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. A public administrator or deputy
designated by him may submit a written request to a public utility for the name
and address of a person listed in the records of the public utility if the
information is necessary to assist the public administrator in carrying out his
duties pursuant to chapter 253 of NRS.

2. Upon receipt of a written
request pursuant to subsection 1, a public utility shall disclose the name and
address of the person listed in the records of customers of the public utility
to the public administrator or a deputy designated by him.

3. A disclosure made in good faith
pursuant to subsection 1 does not give rise to any action for damages for the
disclosure of the name and address of a customer by a public utility.

AN ACT relating to water; including a portion of
Churchill County within the Carson Water Subconservancy District; including
representatives of Churchill County as members of the board of directors of the
Carson Water Subconservancy District; increasing the authorized compensation
for members of the board of directors of a water conservancy district;
increasing the authorized compensation for members of the board of directors of
an irrigation district; and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 539.080 is hereby amended to read as follows:

539.0801.
A member of the board of directors is entitled to receive not more than [$50] $80 per day and actual
traveling expenses for each day spent attending meetings of the board or while
engaged in official business under the order of the board.

2.
The board shall fix the compensation to be paid to the other officers named in
this chapter; but the board shall, upon the petition of a majority of the
electors within the district, submit to the electors at any general election of
the district a schedule of salaries and fees to be paid the directors and
officers thereof. The petition must be presented to the board 20 days before
the general election. The schedule of salaries and fees must be put into effect
upon the first of the month after the election if it was
approved by a two-thirds vote.

upon
the first of the month after the election if it was approved by a two-thirds
vote.

Sec. 2. NRS 541.110 is
hereby amended to read as follows:

541.1101.
Each director before entering upon his official duties shall take and subscribe
to an oath, before a person authorized to administer oaths, that he will
support the constitutions of the United States and the State of Nevada and will
honestly, faithfully and impartially perform the duties of his office.

2. Upon taking oath, the
board shall choose one of their number chairman of the board and president of
the district, and shall elect some suitable person secretary of the board and
of the district, who may or may not be a member of the board. The board shall
adopt a seal and shall keep in a well-bound book a record of all its
proceedings, minutes of all meetings, certificates, contracts, bonds given by
employees and all corporate acts, which must be open to inspection of all
owners of property in the district, as well as to all other interested persons.

3. Each member of the board
is entitled to receive as compensation for his service such sum as [shall] may be ordered by the
board, not in excess of the sum of [$25 per diem for any
meeting of the board, and necessary traveling expenses actually expended while
engaged in the performance of his duties.] $80 per day and actual traveling
expenses for each day spent attending meetings of the board or while engaged in
official business under the order of the board.

Sec.
3. Section 10 of chapter 621, Statutes of Nevada 1989, as amended by
chapter 319, Statutes of Nevada 1997, at page 1200, is hereby amended to read
as follows:

Sec. 10.
1. The Carson Water Subconservancy District [is hereby] , as expanded to include
the urban area of Carson City[.] , is hereby expanded to include that
portion of Churchill County within the Carson River hydrologic basin.
The assets and liabilities of the existing district become the assets and
liabilities of the newly formed district on [the effective date of
this act.]
July 1, 1999.

2. The Carson Water Subconservancy District
shall be deemed to have been created pursuant to chapter 541 of NRS, with the
same powers and duties, and subject to the same limitations as a water
conservancy district created pursuant to that chapter except that the
provisions of this act supersede the provisions of chapter 541 of NRS where the
provisions of that chapter conflict with the express provisions of this act.

3. The board of
directors of the Carson Water Subconservancy District consists of [nine] 11 members to be
appointed as follows:

(a) Two
members who are residents of Carson City appointed by the board of supervisors
of Carson City;

(b) Two
members who are residents of Lyon County appointed by the board of county
commissioners of Lyon County; [and]

(c)
Five members who are residents of Douglas County, at least two of whom must
represent agricultural interests in the county, appointed by the board of
county commissioners of Douglas County[.] ; and

(d) Two members who are residents
of Churchill County appointed by the board of county commissioners of Churchill
County.

No action may
be taken by the board without the affirmative vote of at least six members.

[3.]4. The board of
directors may levy a tax upon all taxable property within the Carson Water
Subconservancy District at a rate of not more than 3 cents on each $100 of
assessed valuation for carrying out the activities of the district. The tax
must be collected in the manner provided in chapter 541 of NRS. The limitations
in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to
revenue received from a tax levied pursuant to this subsection.

[4.]5. The board of
directors may issue general or special obligations to carry out the activities
of the district, including, without limitation, the acquisition of water rights
and the acquisition, construction or completion of waterworks, facilities,
flood control or drainage projects or other projects in accordance with NRS
350.500 to 350.720, inclusive. Any general obligations issued pursuant to this
subsection must comply with the provisions of NRS 350.020. The provisions of
NRS 541.340 to 541.370, inclusive, do not apply to obligations issued pursuant
to this subsection.

[5.]6. The board of
directors may pledge:

(a) Any
money received from the proceeds of the tax imposed pursuant to subsection [3;] 4;

(b) The
gross or net revenues derived from water rights, waterworks, facilities, flood
control or drainage projects or other projects; and

(c) The
special assessments collected by the district for maintaining and operating
waterworks, facilities, flood control or drainage projects and other projects,

for the
payment of general or special obligations issued pursuant to subsection [4.] 5. For the purposes of
subsection 3 of NRS 350.020 and NRS 350.500 to 350.720, inclusive, money
pledged by the board pursuant to this subsection shall be deemed to be pledged
revenue of the project.

[6.]7. The Carson Water
Subconservancy District shall not acquire water rights, or other property for
the purpose of obtaining the appurtenant water rights, through the exercise of
the power of eminent domain.

[7.]8. Carson City and
each county located in part or in whole within the Carson Water Subconservancy
District may establish a special district consisting of all or any portion of
the land within the boundaries of the local government. The governing body of
the local government is ex officio the board of directors of the district. Each
special district may levy a tax upon all taxable property within its boundaries
at a rate of not more than 7 cents on each $100 of assessed valuation. The tax
must be collected in the same manner as other taxes ad valorem collected by the
local government. The revenue from the tax must be used to allow the district
to plan, construct, maintain and operate waterworks,
facilities, flood control or drainage projects or other projects, and to obtain
water and water rights for the benefit of the district.

maintain and
operate waterworks, facilities, flood control or drainage projects or other
projects, and to obtain water and water rights for the benefit of the district.
The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not
apply to revenue received from a tax levied pursuant to this subsection. A
district for which a tax is levied pursuant to this subsection is not entitled
to receive any distribution of supplemental city-county relief tax. Districts
established pursuant to this subsection may enter into cooperative agreements
pursuant to chapter 277 of NRS concerning the management of the waterworks or
resources.

[8.]9. The Carson Water
Subconservancy District may, for the payment of general or special obligations
issued pursuant to subsection [4,] 5, pledge any money received from the
proceeds of a tax imposed by a special district established pursuant to
subsection [7] 8 if:

(a) The
Carson Water Subconservancy District and the special district established
pursuant to subsection [7] 8 have entered into a cooperative agreement
pursuant to chapter 277 of NRS; and

(b) The
cooperative agreement authorizes the Carson Water Subconservancy District to
pledge the money received from the proceeds of that tax.

Sec.
4. 1. As soon as practicable after July 1, 1999, the board of county
commissioners of Churchill County shall appoint its initial members to the
board of directors of the Carson Water Subconservancy District. One member
initially appointed by Churchill County shall serve until the end of the second
calendar year next succeeding his appointment. The other member initially
appointed by Churchill County shall serve until the end of the fourth calendar
year next succeeding his appointment.

2.
After their initial terms of office as set forth in subsection 1, the members
of the board of directors of the Carson Water Subconservancy District appointed
by Churchill County hold office for 4 years or until their successors have been
appointed, as required by section 11 of chapter 621, Statutes of Nevada 1989,
at page 1409.

Sec.
5. This act becomes effective on July 1, 1999.

________

κ1999
Statutes of Nevada, Page 925κ

CHAPTER 190, SB 14

Senate
Bill No. 14Committee on Commerce and Labor

CHAPTER 190

AN ACT relating to public investments; authorizing
certain public entities to lend securities under certain circumstances; and
providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 355 of NRS is hereby amended by adding thereto a new
section to read as follows:

1. The governing body of a city or
county whose population is 100,000 or more may lend securities from its
investment portfolio if:

(a) The investment portfolio has a
value of at least $100,000,000;

(b) The treasurer of the city or
county:

(1) Establishes a policy for
investment that includes provisions which set forth the procedures to be used
to lend securities pursuant to this section; and

(2) Submits the policy
established pursuant to subparagraph (1) to the city or county manager and
prepares and submits to the city or county manager a monthly report that sets
forth the securities that have been lent pursuant to this section and any other
information relating thereto, including, without limitation, the terms of each
agreement for the lending of those securities; and

(c) The governing body receives
collateral from the borrower in the form of cash or marketable securities that
are:

(1) Authorized pursuant to NRS
355.170, if the collateral is in the form of marketable securities; and

(2) At least 102 percent of the
value of the securities borrowed.

2. The governing body of a city or
consolidated municipality whose population is 50,000 or more but less than
100,000 may lend securities from its investment portfolio if:

(a) The investment portfolio has a
value of at least $50,000,000;

(b) The governing body is currently
authorized to lend securities pursuant to subsection 5;

(c) The treasurer of the city or
consolidated municipality:

(1) Establishes a policy for
investment that includes provisions which set forth the procedures to be used
to lend securities pursuant to this section; and

(2) Submits the policy
established pursuant to subparagraph (1) to the manager of the city or
consolidated municipality and prepares and submits to the manager of the city
or consolidated municipality a monthly report that sets forth the securities
that have been lent pursuant to this section and any other information relating
thereto, including, without limitation, the terms of each agreement for the lending
of those securities; and

(d) The governing body receives
collateral from the borrower in the form of cash or marketable securities that
are:

(1) Authorized pursuant to NRS
355.170, if the collateral is in the form of marketable securities; and

(2) At least 102 percent of the
value of the securities borrowed.

3. The governing body of a city,
county or consolidated municipality may enter into such contracts as are
necessary to extend and manage loans pursuant to this section.

4. Any investments made with
collateral received pursuant to subsection 1 or 2 must mature not later than 90
days after the date on which the securities are lent.

5. The governing body of a city or
consolidated municipality whose population is 50,000 or more but less than
100,000 shall not lend securities from its investment portfolio unless it has
been authorized to do so by the state board of finance. The state board of
finance shall adopt regulations that establish minimum standards for granting
authorization pursuant to this subsection. Such an authorization is valid for 2
years and may be renewed by the state board of finance for additional 2-year
periods.

Sec.
2. NRS 355.167 is hereby amended to read as follows:

355.1671. The local government pooled investment fund is hereby
created as an agency fund to be administered by the state treasurer.

2. Any
local government, as defined in NRS 354.474, may deposit its money with the
state treasurer for credit to the fund for purposes of investment.

3. The
state treasurer may invest the money of the fund:

(a) In
securities which have been authorized as investments for a local government by
any provision of NRS or any special law.

(b) In
time certificates of deposit in the manner provided by NRS 356.015.

4. The state treasurer may lend
securities in which he invests pursuant to subsection 3 or NRS 355.165 if he
receives collateral from the borrower in the form of cash or marketable
securities that are:

(a) Acceptable to the state
treasurer; and

(b) At least 102 percent of the
value of the securities borrowed.

The state treasurer may enter into such
contracts as are necessary to extend and manage loans pursuant to this
subsection.

5. Each local government [which] that elects to deposit
money with the state treasurer for such an investment must:

(a) Upon
the deposit, inform him in writing how long a period the money is expected to
be available for investment.

(b) At the
end of the period, notify him in writing whether it wishes to extend the
period.

[5.] 6. If a local government
wishes to withdraw any of its money before the end of the period of investment,
it must make a written request to the state treasurer. Whenever he is required
to sell or liquidate invested securities because of a request for early
withdrawal, any penalties or loss of interest incurred must be charged against
the deposit of the local government which requested the early withdrawal.

[6.] 7. All interest received
on money of the fund must be deposited for credit to the fund.

[7.] 8. The state treasurer
may assess reasonable charges against the fund for reimbursement of the
expenses which he incurs in administering the fund. The
amount of the assessments must be transferred to an account within the state
general fund for use of the state treasurer in carrying out the provisions of
this section.

The amount of
the assessments must be transferred to an account within the state general fund
for use of the state treasurer in carrying out the provisions of this section.

[8.] 9. At the end of each
quarter of each fiscal year, the state treasurer shall:

(a) Compute
the proportion of the total deposits in the fund which were attributable during
the quarter to each local government;

(b) Apply
that proportion to the total amount of interest received during the quarter on
invested money of the fund; and

(c) Pay to
each participating local government or reinvest upon its instructions its
proportionate share of the interest, as computed pursuant to paragraphs (a) and
(b), less the proportionate amounts of the assessments for the expenses of
administration.

[9.] 10. The state treasurer
may adopt reasonable regulations to carry out the provisions of this section.

Sec.
3. NRS 355.172 is hereby amended to read as follows:

355.1721. [Any] Except as otherwise provided in section 1 of this act, any
securities purchased as an investment of money by or on behalf of a local
government, as defined in NRS 354.474, must remain in the possession of the
county treasurer, the appropriate officer of that local government or a bank,
as provided in subsection 2, throughout the period of the investment, except
that any securities subject to repurchase by the seller may be evidenced by a
fully perfected, first-priority security interest, as provided in subsection 3.

2. The
county treasurer or the appropriate officer of a local government may
physically possess those securities, which must be in bearer form or registered
in the name of the local government, or may make an agreement, in writing, with
the trust department of any bank insured by the Federal Deposit Insurance
Corporation to hold those securities in trust for that local government. If
such an agreement is made, the trust department shall furnish the county
treasurer or the appropriate officer of the local government with a written
statement acknowledging that it is so holding the securities.

3. If the
securities purchased are subject to an arrangement for the repurchase of those
securities by the seller thereof, the county treasurer, the appropriate officer
of the local government or a trust department of a bank, as provided in
subsection 2, may, in lieu of the requirement of possession, obtain the sole,
fully perfected, first-priority security interest in those securities. If the
trust department of a bank obtains such a security interest, it shall furnish
the county treasurer or the appropriate officer of the local government with a
written statement acknowledging that fact. Any securities so purchased must, at
the time of purchase by or for a local government, have a fair market value
equal to or greater than the repurchase price of the securities.

Sec.
4. Chapter 319 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. The division may lend any securities
in which it invests pursuant to NRS 319.170 if the division receives collateral
from the borrower in the form of cash or marketable securities that are:

2. The division may enter into such
contracts as are necessary to extend and manage loans pursuant to this section.

Sec.
5. Chapter 349 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. The director may lend any securities
in which he invests pursuant to NRS 349.855 if he receives collateral from the
borrower in the form of cash or marketable securities that are:

(a) Acceptable to the director; and

(b) At least 102 percent of the
value of the securities borrowed.

2. The director may enter into such
contracts as are necessary to extend and manage loans pursuant to this section.

________

CHAPTER 191, SB 177

Senate
Bill No. 177Committee on Commerce and Labor

CHAPTER 191

AN ACT relating to manufactured buildings; revising the
provisions concerning the codes, standards and regulations adopted by the
manufactured housing division of the department of business and industry;
increasing the penalty for a violation of the provisions governing manufactured
buildings; and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. NRS 461.170 is hereby amended to read as follows:

461.1701.
Unless the division has adopted a more recent edition pursuant to paragraph (b)
of subsection 2, the following codes[,] and standards, in the form most recently
published before January 1, [1993,]1999, are hereby adopted for the purposes of
this chapter:

(a) The Uniform Housing Code;

(b) The Uniform Building Code,
as adopted by the International Conference of Building Officials;

(c) The Uniform Plumbing Code,
as adopted by the International Association of Plumbing and Mechanical
Officials;

(d) The Uniform Mechanical
Code, as adopted by the International Conference of Building Officials and the
International Association of Plumbing and Mechanical Officials;

(e) The National Electrical
Code, as adopted by the National Fire Protection Association;

(f) The Uniform Building Code,
Dangerous Building, as adopted by the International Conference of Building
Officials; [and]

(g) The Uniform Building Code
Standards, as adopted by the International Conference of Building Officials[.] ; and

(h) The American National Standards Institute Standard
No. A117.1.

2. The division may:

(a) Adopt regulations
necessary to carry out the provisions of this chapter and the [uniform]
codes and standards adopted
by this section.

(b) Adopt, by regulation, the
most recent edition of the codes and
standards specified in subsection 1.

(c)
Revise the regulations [when necessary] to conform substantially
to any amendments to
the [uniform codes.

3. The] codes and standards.

3. If approved in writing by the division, a local
enforcement agency may impose requirements that are more stringent than the
codes, standards and regulations adopted under this section . [do not prevent a local
enforcement agency from imposing more stringent standards.]

Sec.
2. NRS 461.190 is hereby amended to read as follows:

461.1901.
Factory-built housing manufactured after the effective date of the regulations
for that housing adopted pursuant to this chapter which is sold or offered for
sale to a first [users] user within this state
must bear [insignia] an insigne of approval issued by the
division.

2. A manufactured building,
fabricated after the effective date of the regulations for [those buildings] that building adopted
pursuant to this chapter, which is sold or offered for sale to a first user
within this state must bear an insigne of approval issued by the division.

3. The division may issue
insignia, medallions, symbols or tags issued by the appropriate certifying
authority designated by the uniform codes and standards adopted pursuant to NRS 461.170[, signifying] to signify compliance
with all [of] the provisions of NRS 461.170.

4. The division may provide
by regulation for the approval of any factory-built housing or manufactured
building which has been inspected and approved by the appropriate certifying
authorities of another jurisdiction which has adopted all [of]
the codes and standards specified
in NRS 461.170 without additional inspection or issuance of additional
insignia, medallions, symbols or tags by the division.

Sec.
3. NRS 461.240 is hereby amended to read as follows:

461.2401.
[The] Except as otherwise provided in subsection 2 and NRS
461.260, the division shall enforce every provision of this
chapter and the regulations adopted pursuant [thereto, except as provided
in NRS 461.260.

2. Nothing in this chapter prevents the division from
delegating by written contract] to the provisions of this chapter.

2. The division may delegate its
enforcement authority to local government agencies[.] by written contract.

Sec.
4. NRS 461.260 is hereby amended to read as follows:

461.2601.
Local enforcement agencies shall enforce and inspect the installation of
factory-built housing and manufactured buildings.

2. Local use zone
requirements, local fire zones, building setback, side and rear yard
requirements, site development and property line requirements, as well as the
review and regulation of architectural and aesthetic requirements are hereby
specifically and entirely reserved to local jurisdictions notwithstanding any
other requirement of this chapter.

3.
[Nothing in this chapter prohibits any appropriate local
government authority from examining and approving all plans, applications or
building sites.

4.] A local government authority
may inspect Nevada manufacturers of factory-built housing or manufactured
buildings to [insure] ensure compliance with all the provisions of NRS
461.170. Before conducting an initial inspection of any such manufacturer, a
local government authority [shall] must give 10 days written notice to the
administrator of the division. The local government authority [need] is not required to give notice to
the administrator before conducting subsequent inspections of the manufacturer.

Sec.
5. NRS 461.270 is hereby amended to read as follows:

461.270Any
person who violates any of the provisions of this chapter or any regulations
adopted pursuant to this chapter shall be punished by a fine not exceeding [$500] $2,500, or by
imprisonment not exceeding 30 days, or by both fine and imprisonment.

AN ACT relating to lobbyists; revising the provisions
regarding the reporting of expenditures by lobbyists; and providing other
matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 218.926 is hereby amended to read as follows:

218.9261.
Each registrant shall file with the director within 30 days after the close of
the legislative session a final report signed under penalty of perjury
concerning his lobbying activities. In addition, each registrant shall file
with the director between the 1st and 10th day of the month after each month
that the legislature is in session a report concerning his lobbying activities
during the previous month, whether or not any expenditures were made. Each
report must be on a form prescribed by the director and must include the total of all expenditures, if
any, made by the registrant on behalf of a legislator or an organization whose
primary purpose is to provide support for legislators of a particular political
party and house, including expenditures made by others on behalf of the
registrant if the expenditures were made with the registrants express or
implied consent or were ratified by the registrant. [The] Except as otherwise provided in
subsection 4, the report must identify each legislator and each
organization whose primary purpose is to provide support for legislators of a
particular political party and house on whose behalf expenditures were made and
must be itemized with respect to each such legislator and organization. An
expenditure on behalf of a person other than a legislator
or an organization whose primary purpose is to provide support for legislators
of a particular political party and house need not be reported pursuant to this
section unless the expenditure is made for the benefit of a legislator or such
an organization.

other than a legislator or an
organization whose primary purpose is to provide support for legislators of a
particular political party and house need not be reported pursuant to this
section unless the expenditure is made for the benefit of a legislator or such
an organization.

2. If expenditures made by or
on behalf of a registrant during the previous month exceed $50, the report must
include a compilation of expenditures, itemized in the manner required by the
regulations of the legislative commission, in the following categories:

(a) Entertainment;

(b) Expenditures made in
connection with a party or similar event hosted by the organization represented
by the registrant;

(c) Gifts and loans, including
money, services and anything of value provided to a legislator, to an
organization whose primary purpose is to provide support for legislators of a
particular political party and house, or to any other person for the benefit of
a legislator or such an organization; and

(d) Other expenditures
directly associated with legislative action, not including personal
expenditures for food, lodging and travel expenses or membership dues.

3. The legislative commission
may authorize an audit or investigation by the legislative auditor that is
proper and necessary to verify compliance with the provisions of this section.
A lobbyist shall make available to the legislative auditor all books, accounts,
claims, reports, vouchers and other records requested by the legislative
auditor in connection with any such audit or investigation. The legislative
auditor shall confine his requests for such records to those which specifically
relate to the lobbyists compliance with the reporting requirements of this
section.

4. A report filed pursuant to this section must not
itemize with respect to each legislator an expenditure if the expenditure is
the cost of a function to which every legislator was invited. For the purposes
of this subsection, function means a party, meal or other social event.

Sec.
2. This act becomes effective upon passage and approval.

________

CHAPTER 193, AB 611

Assembly
Bill No. 611Committee on Elections, Procedures, and Ethics

CHAPTER 193

AN ACT relating to ethics in government; revising the
provisions governing the financial disclosure statements of certain public and
judicial officers; and providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 281.561 is hereby amended to read as follows:

281.561[Every]

1. Except as otherwise provided in subsection 2 or 3,
if a candidate for public or judicial office [and every] or a public or judicial
officer is entitled to receive compensation for serving in the office in question,
he shall file with the commission, and with the officer with whom declarations
of candidacy for [his respective] the office in question are filed, a statement
of financial disclosure, as follows:

to receive compensation for serving in the office in
question,he shall
file with the commission, and with the officer with whom declarations of
candidacy for [his respective] the office in question are filed, a statement of
financial disclosure, as follows:

[1.] (a) A candidate for
nomination, election or reelection shall file a statement of financial
disclosure no later than the 10th day after the last day to qualify as a
candidate for the office.

[2.] (b) A public or judicial
officer appointed to fill the unexpired term of an elected public or judicial
officer shall file a statement of financial disclosure within 30 days after his
appointment.

[3.] (c) Every public or
judicial officer, whether appointed or elected, shall file a statement of
financial disclosure on or before March 31 of each year of the term, including
the year the term expires.

[4.] (d) A public or judicial
officer who leaves office on a date other than the expiration of his term or
anniversary of his appointment or election, shall file a statement of financial
disclosure within 60 days after leaving office.

2. A statement filed pursuant to one of
the [subsections of this section] paragraphs of subsection 1
may be used to satisfy the requirements of another paragraph of subsection 1 if the initial statement was filed [within] not more than 3 months
before the other statement is required to be filed. The public or judicial
officer shall notify the commission in writing of his intention to use the
previously filed statement to fulfill the present requirement.

3. If a person is serving in a public or judicial
office for which he is required to file a statement pursuant to subsection 1,
he may use the statement he files for that initial office to satisfy the
requirements of subsection 1 for every other public or judicial office in which
he is also serving. The person shall notify the commission in writing of his
intention to use the statement for the initial office to fulfill the
requirements of subsection 1 for every other office.

4. A person may satisfy the requirements
of [this section] subsection 1 by filing with the commission a
copy of a statement of financial disclosure [which] that was filed pursuant
to the requirements of a specialized or local ethics committee if the form of
the statement has been approved by the commission.

Sec.
2. NRS 281.571 is hereby amended to read as follows:

281.5711.
Statements of financial disclosure, as approved pursuant to NRS 281.541 or in
such form as the commission otherwise prescribes, must contain the following
information concerning the candidate or public or judicial officer:

(a) His length of residence in
the State of Nevada and the district in which he is registered to vote.

(b) Each source of his income,
or that of any member of his household [.]who is 18 years of age or older. No listing of
individual clients, customers or patients is required, but if that is the case,
a general source such as professional services must be disclosed.

(c) A list of the specific
location and particular use of real estate, other than a personal residence:

(1) In which he or a
member of his household has a legal or beneficial interest;

(2) Whose fair market
value is $2,500 or more; and

(3) That is located in
this state or an adjacent state.

(d) The name of each creditor
to whom he or a member of his household owes $5,000 or more, except for:

(1) A debt secured by a
mortgage or deed of trust of real property which is not required to be listed
pursuant to paragraph (c); and

(2) A debt for which a
security interest in a motor vehicle for personal use was retained by the
seller.

(e) If the candidate or public
or judicial officer has received gifts in excess of an aggregate value of $200
from a donor during the preceding taxable year, a list of all such gifts,
including the identity of the donor and value of each gift, except:

(1) A gift received from
a person who is related to the candidate or public or judicial officer within
the third degree of consanguinity or affinity.

(2) Ceremonial gifts
received for a birthday, wedding, anniversary, holiday or other ceremonial
occasion if the donor does not have a substantial interest in the legislative,
administrative, judicial or political action of the candidate or public or
judicial officer.

(f) A list of each business
entity with which he or a member of his household is involved as a trustee,
beneficiary of a trust, director, officer, owner in whole or in part, limited
or general partner, or holder of a class of stock or security representing 1
percent or more of the total outstanding stock or securities issued by the
business entity.

(g) A list of all public
offices presently held by him for which this statement of financial disclosure
is required.

2. The commission shall
distribute or cause to be distributed the forms required for such a statement
to each candidate and public or judicial officer who is required to file one.
The commission is not responsible for the costs of producing or distributing a
form for filing statements of financial disclosure which is prescribed pursuant
to subsection 1 of NRS 281.541.

(2) A person who does not live in the
same home or dwelling, but who is dependent on and receiving substantial
support from the candidate or public or judicial officer; and

[(2)] (3) A person who lived in
the home or dwelling of the candidate or public or judicial officer for 6
months or more in the year immediately preceding the year in which the
candidate or public or judicial officer files the statement of financial
disclosure.

Sec.
3. NRS 281.581 is hereby amended to read as follows:

281.5811. A candidate or public
or judicial officer who fails to file his statement of financial disclosure in
a timely manner pursuant to NRS 281.561 is subject to a
civil penalty and payment of court costs and attorneys fees. The amount of the
civil penalty is:

is subject to a civil penalty and
payment of court costs and attorneys fees. The amount of the civil penalty is:

[1.] (a) If the statement is
filed not more than 7 days late, $25 for each day the statement is late.

[2.] (b) If the statement is
filed more than 7 days late but not more than 15 days late, $175 for the first
7 days, plus $50 for each additional day the statement is late.

[3.] (c) If the statement is
filed more than 15 days late, $575 for the first 15 days, plus $100 for each
additional day the statement is late.

2. The commission may, for good
cause shown, waive or reduce the civil penalty.

3. The civil penalty
must be recovered in a civil action brought in the name of the State of Nevada
by the commission in a court of competent jurisdiction and deposited with the
state treasurer for credit to the state general fund.

AN ACT relating to emergency care; extending limited
immunity from liability regarding the use of automated defibrillators and
related training; extending limited immunity from liability to licensed
practical nurses for providing or supervising certain emergency care; extending
limited immunity from liability to certain providers of health care licensed in
another state who render emergency care to persons in this state; conforming
certain related provision regarding the occupational safety program; and
providing other matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 41.500 is hereby amended to read as follows:

41.5001. Except as otherwise provided in NRS 41.505, any person
in this state who renders emergency care or assistance in an emergency,
gratuitously and in good faith, is not liable for any civil damages as a result
of any act or omission, not amounting to gross negligence, by him in rendering
the emergency care or assistance or as a result of any act or failure to act,
not amounting to gross negligence, to provide or arrange for further medical
treatment for the injured person.

2.
Any person in this state who acts as a driver of an ambulance or attendant on
an ambulance operated by a volunteer service or as a volunteer driver or
attendant on an ambulance operated by a political subdivision of this state, or
owned by the Federal Government and operated by a contractor of the Federal
Government, and who in good faith renders emergency care or assistance to any
injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any
clinic, doctors office or other medical facility, is not liable for any civil damages
as a result of any act or omission, not amounting to gross negligence, by him
in rendering the emergency care or assistance, or as a result of any act or
failure to act, not amounting to gross negligence, to provide or arrange for
further medical treatment for the injured or ill person.

or
while transporting an injured or ill person to or from any clinic, doctors
office or other medical facility, is not liable for any civil damages as a
result of any act or omission, not amounting to gross negligence, by him in
rendering the emergency care or assistance, or as a result of any act or
failure to act, not amounting to gross negligence, to provide or arrange for
further medical treatment for the injured or ill person.

3.
Any appointed member of a volunteer service operating an ambulance or an
appointed volunteer serving on an ambulance operated by a political subdivision
of this state, other than a driver or attendant, of an ambulance, is not liable
for any civil damages as a result of any act or omission, not amounting to
gross negligence, by him whenever he is performing his duties in good faith.

4.
Any person who is a member of a search and rescue organization in this state
under the direct supervision of any county sheriff who in good faith renders
care or assistance in an emergency to any injured or ill person, whether at the
scene of an emergency or while transporting an injured or ill person to or from
any clinic, doctors office or other medical facility, is not liable for any
civil damages as a result of any act or omission, not amounting to gross
negligence, by him in rendering the emergency care or assistance, or as a
result of any act or failure to act, not amounting to gross negligence, to
provide or arrange for further medical treatment for the injured or ill person.

5.
Any person who is employed by or serves as a volunteer for a public
fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to
render emergency medical care at the scene of an emergency is not liable for
any civil damages as a result of any act or omission, not amounting to gross
negligence, by that person in rendering that care or as a result of any act or
failure to act, not amounting to gross negligence, to provide or arrange for
further medical treatment for the injured or ill person.

6.
Any person who:

(a)
Has successfully completed a course in cardiopulmonary resuscitation according
to the guidelines of the American National Red Cross or American Heart
Association;

(b)
Has successfully completed the training requirements of a course in basic
emergency care of a person in cardiac arrest conducted in accordance with the
standards of the American Heart Association; or

(c)
Is directed by the instructions of a dispatcher for an ambulance, air ambulance
or other agency that provides emergency medical services before its arrival at
the scene of the emergency,

and
who in good faith renders cardiopulmonary resuscitation in accordance with his
training or the direction, other than in the course of his regular employment
or profession, is not liable for any civil damages as a result of any act or
omission, not amounting to gross negligence, by that person in rendering that
care.

7.
For the purposes of subsection 6, a person who:

(a)
Is required to be certified in the administration of cardiopulmonary
resuscitation pursuant to NRS 391.092; and

(b)
In good faith renders cardiopulmonary resuscitation on the property of a public
school or in connection with a transportation of pupils to or from a public
school or while on activities that are part of the program of a public school,

shall
be presumed to have acted other than in the course of his regular employment or
profession.

8. Any person who [has] :

(a) Has successfully completed [the
training requirements of a course in basic emergency care of a person in
cardiac arrest that:

(a) Included training] a course in cardiopulmonary
resuscitation andtraining
in the operation and use of an [automatic] automated external
defibrillator[;
and

(b) Was]that were conducted in accordance with the
standards of the American Heart Association[, and who] or the American National Red Cross; and

(b) Gratuitously and in good faith renders
emergency medical care involving the use of an [automatic] automated external
defibrillator in accordance with his training ,

is not liable for any civil
damages as a result of any act or omission, not amounting to gross negligence,
by that person in rendering that care.

9. A [business or organization
that employs]
person or governmental entity that provided the requisite training set forth in
subsection 8 to a person who renders emergency care in accordance
with [this] subsection 8 is not liable for any civil damages as a
result of any act or omission, not amounting to gross negligence, by the person
rendering such care . [or]

10. A business or organization that
has placed an automated external defibrillator for use on its premises is not
liable for any civil damages as a result of any act or omission, not amounting
to gross negligence, by the person rendering such care or for
providing the [automatic] automated external defibrillator to the
person for the purpose of rendering such care[.] if the business or organization:

(a) Complies with all current federal and state
regulations governing the use and placement of an automated external
defibrillator;

(b) Ensures that only a person who
has at least the qualifications set forth in subsection 8 uses the automated
external defibrillator to provide care;

(c) Ensures that the automated external defibrillator is
maintained and tested according to the operational guidelines established by
the manufacturer; and

(d) Establishes and maintains a
program to ensure compliance with current regulations, requirements for training,
requirements for notification of emergency medical assistance and guidelines
for the maintenance of the equipment.

11. As used in this section,
gratuitously means that the person receiving care or assistance is not
required or expected to pay any compensation or other remuneration for
receiving the care or assistance.

41.5051.
Any physician or registered nurse who in good faith gives instruction or
provides supervision to an emergency medical attendant or [to a]
registered nurse, at the scene of an emergency or while transporting an ill or
injured person from the scene of an emergency, is not liable for any civil
damages as a result of any act or omission, not amounting to gross negligence,
in giving that instruction or providing that supervision. An emergency medical
attendant ,[or]
registered nurse or licensed
practical nurse who obeys an instruction given by a physician ,[or]
registered nurse or licensed
practical nurse and thereby renders emergency care, at the scene
of an emergency or while transporting an ill or injured person from the scene
of an emergency, is not liable for any civil damages as a result of any act or
omission, not amounting to gross negligence, in rendering that emergency care.

2. Except as otherwise
provided in subsection 3, any person licensed under the provisions of chapter
630, 632 or 633 of NRS[,] and any person who holds an equivalent
license issued by another state, who renders emergency care or
assistance in an emergency, gratuitously and in good faith, is not liable for
any civil damages as a result of any act or omission, not amounting to gross
negligence, by him in rendering the emergency care or assistance or as a result
of any failure to act, not amounting to gross negligence, to provide or arrange
for further medical treatment for the injured or ill person. This section does
not excuse a physician or nurse from liability for damages resulting from his
acts or omissions which occur in a licensed medical facility relative to any
person with whom there is a preexisting relationship as a patient.

3. Any person licensed under
the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by
another state who renders emergency obstetrical care or
assistance to a pregnant woman during labor or the delivery of the child is not
liable for any civil damages as a result of any act or omission by him in
rendering that care or assistance if:

(a) The care or assistance is
rendered in good faith and in a manner not amounting to gross negligence or
reckless, willful or wanton conduct;

(b) The person has not
previously provided prenatal or obstetrical care to the woman; and

(c) The damages are reasonably
related to or primarily caused by a lack of prenatal care received by the
woman.

A licensed medical facility in
which such care or assistance is rendered is not liable for any civil damages
as a result of any act or omission by the person in rendering that care or
assistance if that person is not liable for any civil damages pursuant to this
subsection and the actions of the medical facility relating to the rendering of
that care or assistance do not amount to gross negligence or reckless, willful
or wanton conduct.

4. Any person licensed under
the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by
another state who:

(a) Is retired or otherwise
does not practice on a full-time basis; and

618.384The
administrator shall encourage all employers who are required to establish a
written safety program pursuant to NRS 618.383 to include as a part of that
program the employment of a person who has successfully completed the training
requirements of a course in basic emergency care of a person in cardiac arrest
that:

1. Included training in the
operation and use of an [automatic] automated external defibrillator; and

2.
Was conducted in accordance with the standards of the American Heart
Association [.] or the American National Red Cross.

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 645.240 is hereby amended to read as follows:

645.2401.
The provisions of this chapter do not apply to, and the terms real estate
broker and real estate salesman do not include, any:

(a) [Person who, as owner or
lessor,]
Owner or lessor of property, or any regular employee of such a person, who
performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and
645.260, [with reference to property owned or leased by them, or to the
regular employees thereof] with respect to the property [so
owned or leased, where those acts are performed] in the
regular course of or as an incident to the management of [such property and the
investment therein.] or investment in the property. For the
purposes of this paragraph, management means activities which tend to
preserve or increase the income from the property by preserving the physical
desirability of the property or maintaining high standards of service to
tenants. The term does not include sales activities.

(b) Employee of a real estate
broker while engaged in the collection of rent for or on behalf of the broker.

(c) Person while performing
the duties of a property manager for a property, if the person maintains an
office on the property and does not engage in property management with regard
to any other property.

(d) Person while performing
the duties of a property manager for a common‑interest community governed
by the provisions of chapter 116 of NRS, a condominium project governed by the
provisions of chapter 117 of NRS, a time share governed by the provisions of
chapter 119A of NRS, or a planned unit development governed by the provisions
of chapter 278A of NRS, if the person is a member in good standing of, and, if
applicable, holds a current certificate, registration or other similar form of
recognition from, a nationally recognized organization or association for
persons managing such properties that has been approved by the real estate
division by regulation.

(e) Person while performing the
duties of a property manager for property used for residential housing that is
subsidized either directly or indirectly by this state, an agency or political
subdivision of this state, or the Federal Government or an agency of the
Federal Government.

2. Except as otherwise
provided in NRS 645.606 to 645.609, inclusive, the provisions of this chapter
do not apply to:

(a) Any bank, thrift company,
credit union, trust company, savings and loan association or any mortgage or
farm loan association licensed under the laws of this state or of the United
States, with reference to property it has acquired for development, for the
convenient transaction of its business, or as a result of foreclosure of
property encumbered in good faith as security for a loan or other obligation it
has originated or holds.

(b) A corporation which,
through its regular officers who receive no special compensation for it,
performs any of those acts with reference to the property of the corporation.

(c) The services rendered by
an attorney at law in the performance of his duties as an attorney at law.

(d) A receiver, trustee in
bankruptcy, administrator or executor, or any other person doing any of the
acts specified in NRS 645.030 under the jurisdiction of any court.

(e) A trustee acting under a
trust agreement, deed of trust or will, or the regular salaried employees
thereof.

(f) The purchase, sale or
locating of mining claims or options thereon or interests therein.

AN ACT relating to taxation; requiring the board of
county commissioners of Washoe County to reduce the rate of a certain special
motor vehicle privilege tax imposed during a certain period; prospectively
prohibiting the board of county commissioners of Washoe County from imposing,
levying or continuing the tax after a certain date; and providing other matters
properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. Section 38 of chapter 491, Statutes of Nevada 1991, as amended by section 4
of chapter 475, Statutes of Nevada 1993, at page 1950, is hereby amended to
read as follows:

Sec. 38.
1. The board of county commissioners of Washoe County shall reduce the
rate of the tax ad valorem imposed pursuant to section 33 of this act by 1.5
cents per $100 of assessed valuation for the fiscal year 1993-1994.

2. The
board of county commissioners of Washoe County shall reduce the rate of the tax
ad valorem imposed pursuant to section 33 of this act, in addition to the reduction
made pursuant to subsection 1, by 4 cents per $100 of assessed valuation for
the fiscal year 1994-1995.

3.
The board of county commissioners
of Washoe County shall reduce the rate of the special privilege tax imposed
pursuant to section 30 of this act to the amounts shown for each $1 of
valuation for the respective fiscal years:

2001-2002 0.8 cents

2002-2003 0.6 cents

2003-2004 0.4 cents

2004-2005 0.2 cents

The board of county commissioners of
Washoe County shall not impose or levy that special privilege tax for any
fiscal year after June 30, 2005.

4. The board of
county commissioners of Washoe County or Churchill County shall not, after June
30, 1994:

(a) Except
as otherwise provided in subsection 2 [or 4,], 3 or 5, decrease
the rate of any of the taxes imposed pursuant to sections 29 to 33, inclusive,
of this act unless all of the local governments that are entitled to receive a
monthly distribution from the tax distribution fund for the county agree to the
decrease.

(b) Increase
the rate of any tax imposed pursuant to sections 29 to 33, inclusive, of this
act.

[4.] 5. If necessary to avoid
violating the provisions of subsection 2 of section 31 of this act, the board
of county commissioners of Washoe County shall reduce the amount of the license
fee imposed pursuant to that section by the minimum amount necessary to comply
with the provisions of subsection 2 of section 31 of this act.

________

CHAPTER 197, SB 241

Senate
Bill No. 241Senator Shaffer

CHAPTER 197

AN ACT relating to deceased persons; requiring a
funeral director to obtain the approval of the state board of funeral
directors, embalmers and operators of cemeteries and crematories to manage a
funeral establishment; providing that a funeral director is responsible for the
proper management of each funeral establishment of which he is the manager;
restricting the number of terms that a member of the board may serve
consecutively; clarifying certain provisions governing the required education
for a license to practice the profession of embalming; providing that a
majority of the adult children of a deceased person may order the cremation of
the human remains of the deceased person; and providing other matters properly
relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 642 of NRS is hereby amended by adding thereto a new
section to read as follows:

1. A funeral director shall not manage a funeral
establishment unless the funeral director has been approved by the board to
manage the funeral establishment.

2. If a funeral director manages
more than one funeral establishment, he must obtain approval from the board for
each funeral establishment that he manages.

3. A funeral director is
responsible for the proper management of each funeral establishment of which he
is the manager.

Sec.
2. NRS 642.020 is hereby amended to read as follows:

642.0201.
The state board of funeral directors, embalmers and operators of cemeteries and
crematories, consisting of five members appointed by the governor, is hereby
created.

2. The governor shall appoint:

(a) One member who is actively
engaged as a funeral director and embalmer.

(b) One member who is actively
engaged as an operator of a cemetery.

(c) One member who is actively
engaged in the operation of a crematory.

(d) Two members who are
representatives of the general public.

3. No member who is a
representative of the general public may:

(a) Be the holder of a license
or certificate issued by the board or be an applicant or former applicant for
such a license or certificate.

(b) Be related within the
third degree of consanguinity or affinity to the holder of a license or
certificate issued by the board.

(c) Be employed by the holder
of a license or certificate issued by the board.

4. After the initial terms,
members of the board serve terms of 4 years, except when appointed to fill
unexpired terms. Each member may serve no more than two consecutive full terms.

5. The chairman of the board
must be chosen from the members of the board who are representatives of the
general public.

Sec.
3. NRS 642.080 is hereby amended to read as follows:

642.080An
applicant for a license to practice the profession of embalming in the State of
Nevada shall:

1. Have attained the age of
18 years.

2. Be of good moral
character.

3. Be a high school graduate
and have completed 2 academic years of instruction [(] by taking 60 semester or
90 quarter hours[)]at an accredited college
or university. Credits earned at
an embalming college or school of mortuary science do not fulfill this
requirement.

4. Have completed 12 full
months of instruction in an embalming college or school of mortuary science
accredited by the Conference of Funeral Services Examining Boards of the United
States, Incorporated, and approved by the board, and have not less than 1
years practical experience under the supervision of an embalmer licensed in
the State of Nevada.

5. Have actually embalmed at
least 50 bodies under the supervision of a licensed embalmer prior to the date
of application.

6. Present to the board
affidavits of at least two reputable residents of the county in which the
applicant proposes to engage in the practice of an embalmer to the effect that
the applicant is of good moral character.

Sec.
4. NRS 642.200 is hereby amended to read as follows:

642.2001.
Any person registering as an apprentice embalmer shall furnish proof that he is
a high school graduate and has completed 2 academic years of instruction [(] by taking 60 semester or
90 quarter hours[)]
at an accredited college or university. Credits earned at an embalming college or a school of
mortuary science do not fulfill this requirement.

2. Such proof shall be
furnished before such apprentice can be registered with the board.

Sec.
5. NRS 451.650 is hereby amended to read as follows:

451.6501.
The following persons, in the following order of priority, may order the
cremation of human remains of a deceased person:

(a) The surviving spouse;

(b) [The]A majority of the adult
children ;[jointly;]

(c) The living parents
jointly; or

(d) The decedents guardian or
personal representative.

2. If the deceased person was
an indigent or other person for the final disposition of whose remains a county
or the state is responsible, the appropriate public officer may order cremation
of the remains and provide for the respectful disposition of the cremated
remains.

3. If the deceased person
donated his body for scientific research or, before his death, a medical
facility was made responsible for his final disposition, a representative of
the scientific institution or medical facility may order cremation of his
remains.

4. A living person may order
the cremation of human remains removed from his body or the cremation of his
body after his death. In the latter case, any person acting pursuant to his
instructions is an authorized agent.

Sec.
6. 1. This section and sections 2 to 5, inclusive, of this act become
effective upon passage and approval.

2. Section 1 of this act
becomes effective on July 1, 1999.

________

CHAPTER 198, SB 262

Senate
Bill No. 262Committee on Taxation

CHAPTER 198

AN ACT relating to taxation; creating a presumption
that certain tangible personal property initially used in interstate or foreign
commerce outside this state was not purchased for storage, use or other
consumption in this state; and providing other matters properly relating
thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter
372 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. It is presumed that tangible
personal property delivered outside this state to a purchaser was not purchased
from a retailer for storage, use or other consumption in this state if the
property:

(a) Was first used in interstate or
foreign commerce outside this state; and

(b) Is used continuously in
interstate or foreign commerce, but not exclusively in this state, for at least
12 months after the date that the property was first used pursuant to paragraph
(a).

2. As used in this section:

(a) Interstate or foreign commerce
means the transportation of passengers or property between:

(1) A point in one state and a
point in:

(I) Another state;

(II) A possession or
territory of the United States; or

(III) A foreign country; or

(2) Points in the same state when such
transportation consists of one or more segments of transportation that
immediately follow movement of the property into the state from a point beyond
its borders or immediately precede movement of the property from within the
state to a point outside its borders.

(b) State includes the District of
Columbia.

Sec.
2. NRS 372.255 is hereby amended to read as follows:

372.2551.
[On]Except as otherwise provided in section 1 of this act, on and
after July 1, 1979, it is presumed that tangible personal property delivered
outside this state to a purchaser known by the retailer to be a resident of
this state was purchased from a retailer for storage, use or other consumption in this state and stored, used or otherwise
consumed in this state.

consumption in this state and
stored, used or otherwise consumed in this state.

2. This presumption may be
controverted by:

(a) A statement in writing,
signed by the purchaser or his authorized representative, and retained by the
vendor, that the property was purchased for use at a designated point or points
outside this state.

(b)
Other evidence satisfactory to the department that the property was not
purchased for storage, use or other consumption in this state.

Sec.
3. Chapter 374 of NRS is hereby amended by adding thereto a new section to
read as follows:

1. It is presumed that tangible
personal property delivered outside this state to a purchaser was not purchased
from a retailer for storage, use or other consumption in this state if the
property:

(a) Was first used in interstate or
foreign commerce outside this state; and

(b) Is used continuously in
interstate or foreign commerce, but not exclusively in this state, for at least
12 months after the date that the property was first used pursuant to paragraph
(a).

2. As used in this section:

(a) Interstate or foreign commerce
means the transportation of passengers or property between:

(1) A point in one state and a
point in:

(I) Another state;

(II) A possession or
territory of the United States; or

(III) A foreign country; or

(2) Points in the same state when such
transportation consists of one or more segments of transportation that
immediately follow movement of the property into the state from a point beyond
its borders or immediately precede movement of the property from within the
state to a point outside its borders.

(b) State includes the District of
Columbia.

Sec. 4. NRS 374.260 is hereby amended to
read as follows:

374.2601. [On]Except as otherwise provided in section 3 of this act, on and
after July 1, 1967, it [shall be] is further presumed that tangible personal
property delivered outside this state to a purchaser known by the retailer to
be a resident of the county was purchased from a retailer for storage, use or
other consumption in the county and stored, used or otherwise consumed in the
county.

2.
This presumption may be controverted by:

(a)
A statement in writing, signed by the purchaser or his authorized
representative, and retained by the vendor, that the property was purchased for
use at a designated point or points outside this state.

(b)
Other evidence satisfactory to the department that the property was not
purchased for storage, use or other consumption in this state.

________

κ1999
Statutes of Nevada, Page 945κ

CHAPTER 199, SB 536

Senate
Bill No. 536Committee on Government Affairs

CHAPTER 199

AN ACT relating to property tax; revising the
provisions governing the establishment of combined tax rates to determine
compliance with applicable limitations; and providing other matters properly
relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1. Chapter 361 of NRS is hereby amended by adding thereto a new section to
read as follows:

The governing bodies of the local
governments within a county shall not agree upon a combined tax rate that is
achieved by a larger local government agreeing to transfer money to a smaller
local government whose boundaries are located within the boundaries of the
larger local government to enable the smaller local government to lower its tax
rate to establish a combined tax rate for the county that complies with the
limitation set forth in NRS 361.453.

Sec.
2. The provisions of section 1 of this act do not apply to any combined
tax rate established before the effective date of this act.

Sec.
3. This act becomes effective upon passage and approval.

________

CHAPTER 200, AB 108

Assembly
Bill No. 108Committee on Commerce and Labor

CHAPTER 200

AN ACT relating to unfair trade practices; clarifying
the persons on whose behalf the attorney general may bring a civil action for
unfair trade practices; clarifying the persons who may bring a civil action for
unfair trade practices; increasing the percentage of money collected for unfair
trade practices that must be credited to the attorney generals special fund
and the maximum balance which may be detained in the fund; limiting the amount
of money collected for unfair trade practices that can be credited to the
attorney generals special fund; and providing other matters properly relating
thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 598A.160 is hereby amended to read as follows:

598A.1601.
The attorney general may bring a civil action for any violation of the
provisions of this chapter in the name of the State of Nevada and is entitled
to recover damages and secure other relief provided by the provisions of this chapter:

(a) As parens patriae of the
persons residing in [the] this state, with respect to damages sustained
directly or indirectly by
such persons, or, alternatively, if the court finds in its discretion that the
interests of justice so require, as a representative of a class or classes
consisting of persons residing in [the state,] this state who have been
damaged[;]directly or indirectly; or

(b) As parens patriae, with
respect to direct or indirect damages
to the general economy of the State of Nevada or any political subdivision
thereof.

2. In any action under this
section, [the] this state:

(a) May recover the aggregate
damage sustained by the persons on whose behalf [the] this state sues, without
separately proving the individual claims of each such person. Proof of such
damages [shall] must be based on :[any or all of the following:]

(1) Statistical or
sampling methods;

(2) The pro rata
allocation of illegal overcharges of sales occurring within the State of
Nevada; or

(3) Such other reasonable
system of estimating aggregate damages as the court [in its discretion]
may permit.

(b) Shall distribute, allocate
or otherwise pay the amounts so recovered [either]
in accordance with state law, or in the absence of any applicable state law, as
the district court may [in its discretion] authorize, subject to
the requirement that any distribution procedure adopted afford each person on
whose behalf [the] this state sues a reasonable opportunity
individually to secure the pro rata portion of such recovery attributable to
his or its respective claims for damages, less litigation and administrative
costs, including attorney fees, before any of [such] the recovery is
escheated.

Sec.
2. NRS 598A.210 is hereby amended to read as follows:

598A.2101.
Any person threatened with injury or damage to his business or property by
reason of a violation of any provision of this chapter, may institute [an] a civil action or
proceeding for injunctive relief. If the court issues a permanent injunction,
the plaintiff shall recover reasonable attorney fees, together with costs, as
determined by the court.

2. Any person injured or damaged directly or indirectly in
his business or property by reason of a violation of the provisions of this
chapter may [sue therefor] institute a civil action and shall recover
treble damages, together with reasonable attorney fees and costs.

3. Any person commencing an
action for any violation of the provisions of this chapter shall,
simultaneously with the filing of the complaint with the court, mail a copy of
the complaint to the attorney general.

Sec.
3. NRS 598A.260 is hereby amended to read as follows:

598A.2601.
All money obtained as awards, damages or civil penalties for the State of
Nevada and its agencies by the attorney general as a result of enforcement of
statutes pertaining to unfair trade practices, whether by final judgment,
settlement or otherwise must be deposited in the state treasury as follows:

(a) All attorneys fees and
costs and [10] 50 percent of all recoveries for credit to
the attorney generals special fund.

(b) The balance of the recoveries
for credit to the state general fund.

2. Money deposited in the
state treasury for credit to the attorney generals special fund pursuant to
subsection 1 must be used for payment of the expenses of enforcing the statutes
pertaining to unfair trade practices. Those expenses which are in excess of the
amount available in the fund must be paid out of the legislative appropriation
for the support of the office of attorney general.

3.
On June 30 of each fiscal year, any amount in excess of [$30,000]$200,000 in the attorney generals special
fund of the money collected pursuant to subsection 1 reverts to the state
general fund.

4. The balance of the money in the
attorney generals special fund that is collected pursuant to subsection 1 must
not exceed $250,000. If money deposited in the state treasury for credit to the
attorney generals special fund pursuant to subsection 1 would cause that
balance to exceed $250,000 if credited to the fund, the amount of the deposit
which would cause the balance to exceed $250,000 immediately reverts to the
state general fund.

________

CHAPTER 201, AB 150

Assembly
Bill No. 150Committee on Ways and Means

CHAPTER 201

AN ACT relating to the department of transportation;
abolishing the state highway payroll clearing account; and providing other
matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 408.227 is hereby repealed.

Sec.
2. This act becomes effective on July 1, 1999.

________

CHAPTER 202, AB 169

Assembly
Bill No. 169Assemblywoman Tiffany

CHAPTER 202

AN ACT relating to elections; revising the provisions
governing the form for an application to register to vote; and providing other
matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.NRS 293.507 is hereby amended to read as follows:

293.5071.
The secretary of state shall prescribe:

(a) A standard form for
applications to register to vote; and

(b) A special form for
registration to be used in a county where registrations are performed and
records of registration are kept by computer.

2. The county clerks shall
provide forms for applications to register to vote to field registrars in the
form and number prescribed by the secretary of state.

3. A form for an application
to register to vote must include a duplicate copy marked as the receipt to be
retained by the applicant upon completion of the form.

4. The form for an
application to register to vote must include:

(a)
A line [on which to enter the number on]for use by the county clerk to enter the
number:

(1) Indicated on
the voters social security card, drivers license or identification card
issued by the department of motor vehicles and public safety [.] , or any other identification card
issued by an agency of this state or the Federal Government that contains:

(I) A unique number; and

(II) A photograph or physical
description of the voter; or

(2) Issued to the voter
pursuant to subsection 5.

(b) A line on which to enter
the address at which the voter actually resides. The application must not be
accepted if the address is listed as a post office box unless a street address
has not been assigned to his residence.

(c) A notice that the voter
may not list his address as a business unless he actually resides there.

5. If a voter does not:

(a) Possess any of the
identification set forth in subparagraph (1) of paragraph (a) of subsection 4;
or

(b) Wish to provide to the county
clerk the number indicated on that identification,

the county clerk shall issue a unique
identification number to the voter.

6. The secretary of state shall adopt regulations to
carry out the provisions of subsections 4 and 5.

________

CHAPTER 203, AB 304

Assembly
Bill No. 304Committee on Judiciary

CHAPTER 203

AN ACT relating to peace officers; prohibiting false or
fraudulent complaints against a peace officer; requiring each agency that
employs peace officers to establish a written procedure for investigating
complaints against peace officers; providing a penalty; and providing other
matters properly relating thereto.

[Approved May 20, 1999]

THE PEOPLE OF
THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section
1.Chapter 199 of NRS is hereby amended by adding thereto a new
section to read as follows:

1. A person who knowingly files a
false or fraudulent written complaint or allegation of misconduct against a
peace officer for conduct in the course and scope of his employment is guilty
of a misdemeanor.

2. As used in this section, peace
officer has the meaning ascribed to it in NRS 289.010.

Sec.
2. Chapter 289 of NRS is hereby amended by adding thereto a new section to
read as follows:

Each agency in this state that employs
peace officers shall:

1. Establish written procedures for
investigating any complaint or allegation of misconduct made or filed against a
peace officer employed by the agency; and